Judgment

GOSWAMI, J. - This appeal under Section 116A of the Representation of the People Act, 1951, is directed against the judgment of the Allahabad High Court in the matter of an election to the U. P. Legislative Council held on April 28, 1974, from the Local Authorities Constituency, Faizabad. We are concerned here with Kshettra Samitis which are the local authorities (see Fourth Schedule of the Representation of the People Act, 1950, Uttar Pradesh). Besides the appellant, ten candidates (respondents 1 to 10) filed their nomination papers. Six of them (respondents 5 to 10) had withdrawn their candidature. Out of the five left there was no contest worth the name from respondents 2, 3 and 4. The principal contest, therefore, was between the appellant and respondent No. 1 (hereinafter to be described only as respondent). The last date for submission of nomination papers was April 2, 1974. At the poll the appellant secured 927 votes and the respondent 909, the difference being only of 18 votes. The appellant was therefore, declared elected on April 29, 1974.

2. The respondent filed an election petition (being No. 11 of 1974) before the Lucknow Bench of the Allahabad High Court. As ma