Judgment

UNTWALIA, J.:- This is an appeal under Section 116-A of the Representation of the People Act,1951-hereinafter called the Act by the election petitioner whose petition challenging the election of respondent No. 1 (for brevity the respondent) has been dismissed by the High Court. Eventually the only ground which could be pressed in the High Court to challenge the election of the respondent was that the nomination papers of two persons namely Shri Jagan Nath and Shri Prabha Ram were improperly rejected by the Returning Officer. The High Court framed only two issues for trial and decided them against the appellant. It has held that the nomination papers- both of Jagan Nath and Prabha Ram suffered from defects of substantial character and, therefore, they were rightly rejected by the Returning Officer.

2. Jagan Nath filed two nomination papers in the prescribed Form No. 28 prescribed under Rule 4 of the Conduct of the Election Rules 1961 hereinafter referred to as the Rules. In both the papers in the column "His postal address" the only thing written was Smalkha Mandi". The Returning Officer rejected both the nomination papers of Jagan Nath on the ground that thecandidate had