JUDGMENT

SAIKIA, J. - The election appeal under Section 116-A of the Representation of the People Act, 1951, hereinafter referred to as the Act, is from the judgment of the Patna High Court (Ranchi Bench) in the respondents Election Petition No. 4 of 1985 allowing the petition and declaring the election of the appellant to the Bihar Legislative Assembly from the 286 Chandan Kyari (SC) constituency to be void.

2. Pursuant to the Notification of Election to Bihar Legislative Assembly, the Returning Officer of the 286 Chandan Kyari (SC) Assembly Constituency announced the following programme :

A. Last date for filing nomination paper February 6, 1985

B. Date of the scrutiny of the nomination paper February 7, 1985

C. Last date of withdrawal of candidature February 9, 1985

D. Date of poll March 5, 1985

E. Date of counting March 6, 1985

3. The appellant, the respondent and 17 others filed their nomination papers; and the Returning Officer accepted the nomination papers found valid at the scrutiny. Three of them withdrew their candidature, leaving 16 contesting candidates in the field. The