V.RAMASWAMI, J.

(1) THIS appeal is brought under s. 116-A of the Representation of People Act, 1951, hereinafter referred to as the Act, from the judgment of the High court of Madhya Pradesh dated 25/08/1967 in Election Petition No. 2 of 1967 whereby the High court held that the election of the appellant front Barwaha Vidhan Sabha Constituency held on 20/02/1967 was void.

(2) THE appellant was a candidate at the election of the Legislative Assembly of the State of Madhya Pradesh from Barwaha Constituency held on 20/02/1967. The respondent was a candidate for election from the same Constituency. Besides the appellant and the- respondent there were two other candidates, namely, Nathu son of Rupa and Sita Ram son of Sadhu Ram. There were two nomination papers filed for Nathu son of Rupa, one nomination paper (R- 3) was filed on January 19, 1967 at 2.12 p.m. and the second nomination paper (R-1) was filed on 20/01/1967 at 12.47 p.m. The nomination paper of Sita Ram son of Sadhu Rain (R-1) was also filed on 1/01/1967 at 2.32 p.m. In all the three nomination papers, the name of the candidate was proposed by one Sharawan son of Gheesa, an elector from that Constituency. On 2