JUDGMENT

FAZAL ALI, J.:—By our Order dated Nov. 29, 1983 we had, allowed the appeal. We now proceed, to give the reasons for the said Order.

2. This election appeal is directed against an interlocutory Order dated January 7, 1983 passed by the Patna High Court overruling a preliminary objection taken by the appellant (elected candidate) that the election petition of the respondent (election petitioner) should be dismissed straightway under the provisions of Section 9.6 of the Representation of the People Act, 1951 - as amended up-to-date - (hereinafter referred to as the Act).

3. The appellants case is that in the general election held in June 1990 he fought as a Congress (1) candidate from, Harlakhi Assembly constituency in Bihar in which, he was declared elected, defeating the respondent who filed the election petition in the High Court. He further submitted that the copy of the election petition served on him contained a large number of mistakes in respect of persons through whom corrupt practices were alleged to have been practised by the appellant during the election. He contended that in view of the very large number of mistakes, which were of a very vital character, the mandat