JUDGMENT

K. JAGANNATHA SHETTY, J.:— This. appeal under Section 116-A of the Representation of the People Act, 1951, is from the judgment and order of the High Court of Judicature at Patna (Ranchi Bench) dated 26th May, 1988, in the Election Petition No. 2 of 1985 (R). The High Court has set aside the election of appellant to the State Legislature and instead declared respondent as the successful candidate.

2. The facts of the case have been neatly summarised in the judgment of the High Court to which we refer to the extent relevant for our purpose. Shri N. E. Horo, the appellant before us belongs to Jharkhand party. Shri Leander Tiru, the respondent belongs to Congress (1) party. In the general election held in 1985, they were rival candidates for election from 302-Torpa St. Assembly constituency. There were also three other contesting candidates from the same constituency. The appellant secured 19,159 votes as against 19,120 by the respondent. The appellant was thus elected by a narrow margin of 39 votes. The respondent filed an election petition under section 80-A and section 81 of the Representation of the People Act alleging various and varied irregularities in the process of co