Judgment

KASLIWAL, J.:- This appeal under Section 116-A of the Representation of the People Act, 1951 (in short "the Act") is directed against the judgment of the High Court of Madhya Pradesh dated 17th Feb,1986. Election of Legislative Assembly of the State of Madhya Pradesh was held in the month of February, 1985. One of the Constituencies was No. 14 Lahar (District Bhind).The nomination papers were filed before 6th February, 1985 and the scrutiny was done on 7th February, 1985. Several persons filed their nomination papers. The nomination paper of Ramprakash was rejected by the Returning Officer in the scrutiny. The order passed by the Returning Officer rejecting the nomination paper reads as under:

"Candidate is not identified as per electoral roll. His representative has accepted this mistake also. Hence rejected. Advised for correction but did not correct. The candidate did not correct after advising to correct mistake. Even did not appear at the time of scrutiny to correct mistake. Hence rejected. See Section 33(4) R.P.A."

Result of the election was declared on 5th March, 1985 and Shri Mathura Prasad appellant. declared elected.

2. Ajeem Khan one of the voters of the Constituenc