Judgement

RANGANATH MISRA, J.:-- This appeal under Section 116-A of the Representation of the People Act, 1951 (Act for short), is directed against the decision of the High Court at Patna setting aside the appellants election to the Bihar Legislative Assembly from 115 Jamtara Assembly Constituency polling for which was held on May 31, 1980, arid the result of which was declared on June 2, 1980. Sixteen candidates being the appellant and the 15 respondents contested the election. The appellant was the candidate of the Communist. Party of India and respondent No. 1 was of the Congress (I) Party. At the poll the appellant received 13336 votes while the respondent No. 1 polled 13312 votes. The appellant was, therefore, declared elected on the footing that he had received 24 more votes than the respondent No. 1. Respondent No. 2 had polled 13285 votes. As the election dispute has been confined to the appellant and respondent No. 1 it is not necessary to refer to the other candidates or indicate particulars of their performance at the election. Respondent No. 1 filed an election petition under Section 81 of the Act asking for the appellants election to be set aside and for a declaration t