Judgment

SABYASACHI MUKHARJI, J. :- This appeal arises out of the judgment and an order of the Gauhati High Court in an election petition. The petitioner-appellant was a voter in the West Tripura Parliamentary Constituency from No. 7 Ramnagar Assembly Segment. He contested the mid-term Lok Sabha election held in 1980 from the West Tripura Parliamentary Constitutency as a nominee of Congress (I). There were six candidates including the petitioner contesting the said election. The respondent No. 1 was a C.P.I. (M) candidate. 8th December, 1979 was the date of filing of the nominations. Nominations were scrutinised on 11th December, 1979 and the withdrawal date was 13th December, 1979. On 6th January, 1980 the polling was held and the result of the election was declared on 8th January, 1980. The main contest was between the petitioner / appellant and the respondent No. 1, Ajoy Biswas. The respondent No. 1 had secured 1,98,335 votes as against the appellant who had secured 1,42,990 votes. The respondent No. 1 was declared elected.

2. The only point on which the election petition by the appellant / petitioner was pressed before the. High Court and the only point urged before us in this ap