JUDGMENT

FAZL ALI, J. :— This is an election appeal against the judgment of the High Court of Jammu & Kashmir dated June 10, 1974, by which the learned Judge allowed the election petition filed before him by the respondent Ali Akbar Khan and set aside the election of the returned candidate Mohd Yasin Shah who is the appellant before us. The returned candidate will, for short, be referred to by us as the appellant and the respondent Ali Akbar Khan will be referred to as the petitioner. It appears that during the elections held in the year 1972 in the State of Jammu and Kashmir both the appellant and the petitioner were the candidates for election to the Karnah Assembly Constituency of the District of Baramulla in the State of Jammu and Kashmir. There were other candidates also some of whom had withdrawn. One Mohd. Yunis was the Congress candidate for this constituency but he was defeated. The petitioner, according to the appellant, was merely a coveringor a shadow candidate for the Congress candidate Mohd. Yunis. The petitioner filed his nomination paper on February 7, 1972 and his proposer was P.W. 1 Ghulam Mohiuddin. According to the petitioner the nomination paper was presented t