JUDGMENT

G. N. RAY, J. :—This appeal is directed against the judgment dated February 3, 1994 passed by Patna High Court (Ranchi Bench) in Election Petition No. 3 of 1990. The appellant challenged the result of the election of 285 Nirsa Assembly Constituency in the State of Bihar held in February, 1990 by presenting an election petition before the High Court under the Representation of the People Act, 1951 (hereinafter referred to as the Representation Act). The appellant Sri Kripa Shankar Chatterjee was a candidate for the said election from Nirsa Constituency. He, however, lost to the returned candidate namely Respondent No. 1 Gurudas Chatterjee by margin of 1450 votes. There were 22 other candidates contesting for the said Nirsa Constituency.

2. It may be stated here that during the pendency of the Election Petition before the Ranchi Bench, the election-petitioner moved an application in the High Court for inspection of ballot papers but such application being dismissed the petitioner moved a Special Leave Application before this Court but the said petition was also dismissed by this Court with the observation that dismissal of special leave petition would not preclude the High Co