Judgment

VENKATARAMIAH, J.-This appeal is filed by the appellant Dewan Joynal Abedin against the judgment dated December 2, 1986 of the High Court at Gauhati setting aside his election to the Legislative Assembly of Assam at the election held on December 16, 1985 from the 22-Salmara South Legislative Assembly Constituency on an election petition filed by respondent 1 Abdul Wazed alias Abdul Wazed Miah in Election Petition No. 2 of 1986.

2. The last date for making nominations for election from the aforesaid constituency was November 22, 1985 and the date for the scrutiny of nominations was November 23, 1985. The appellant, respondent 1 and the second respondent Bazlul Basit were the three candidates on whose behalf nomination papers had been filed before the expiry of the time fixed for making nominations. Respondent 3, M. Bhattacharjee, was the Returning Officer. At the time of the scrutiny respondent 2 raised objection to the nomination of respondent 1 on the ground that respondent 1 had not completed 25 years of age on the date of scrutiny as required by Article 173(6) of the Constitution which provided that a person was not qualified to be chosen to fill a seat in the legislature