Judgment

G.P. Mathur, J.—This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the ‘Act’) has been preferred by a candidate against the judgment and order dated 3.9.2004 of the High Court of Uttaranchal by which the election petition filed by him challenging the election of the respondent Surendra Singh Negi was dismissed.

2. The Election Commission of India issued a notification calling upon the electors of Uttaranchal to elect members of Uttaranchal Vidhan Sabha including those from 29 Kotdwar Legislative Assembly Constituency. According to the notification the schedule of the election was as under:-

i) Last date for filing of nomination paper 23.1.2002

ii) Date of Scrutiny of nomination paper 24.1.2002

iii) Date for withdrawal of nomination 28.1.2002

iv) Date of poll, if any 14.2.2002

v) Date for counting of votes and Declaration of result 24.2.2002

The appellant filed four sets of nomination papers, which were