JUDGMENT

VENKATARAMIAH J.:— The appellant is a person residing at Pune in the State of Maharashtra. A bye-election was proposed to be held on the 2nd February, 1986 to fill a seat in the Maharashtra Legislative Assembly which had become vacant on account of the death of the sitting member who was representing 263 Jaoli Legislative Assmebly constituency in Satara district in the State of Maharashtra. The last date for making nominations at the said election was the 10th January, 1986 and the scrutiny of nomination papers was fixed to take place on January 11, 1986. The appellant filed his nomination paper on January 9,1986. Since he was not registered as an elector in the Jaoli constituency but was an elector of the Shivaji Nagar Assembly constituency in Pune, a certified copy of the relevant entry in the electoral roll of the Shivaji Nagar constituency in which his name appeared had to be filed along with his nomination paper or had to be produced -before the Returning Officer at the time of scrutiny as provided in sub-sec. (5) of S. 33 of the Representation of the People Act, 1951 (hereinafter referred to as the 1951 Act). Accordingly the appellant applied to the Tahsildar, Pune c