JUDGMENT

VARADARAJAN, J.:— This appeal under Section 116 (A) of the Representation of the People Act, 1951, hereinafter referred to as the Act arises out of the judgment of a learned single Judge of the Patna High Court in Election Petition No. 27 of 1980, setting aside the appellants election to the Bihar Legislative Assembly from No. 64, Rui Saidpur constituency on the ground that the election is void on account of improper rejection of the nomination papers of one Ram Kumar Jha. The election petition was filed by the first respondent, Nawal Kishore Sahi, the defeated candidate. The election was held on 31-5-1980 and the results were announced on 1-6-1980 after the counting. The appellant who contested as the Congress (I) candidate secured 38,463 votes while the respondent who contested as the Janata Party candidate secured 26,991 votes. The other candidates secured much less and the appellant who secured a majority of 11,472 votes over the respondent was declared elected by the Returning Officer. After having heard the learned counsel for the parties we dismissed the appeal without costs on 8-2-1984 for reasons to follow. Now we proceed to give the reasons.

2. The respondent pres