ORDER

1. The appellant is the original election petitioner whose Election Petition No. 14 of 1994 came to be dismissed by A. K. Mathur, J. of the High Court of Madhya Pradesh at Jabalpur. He has, therefore, preferred this appeal against the dismissal of his election petition. The brief facts giving rise to the appeal may be stated as under :

The elections for the 10th Vidhan Sabha, State of Madhya Pradesh, came to be notified and the last date of submission of nomination forms was fixed as 30-10-1993. Appellate 1 collected the nomination form on 28-10-1993 and got it filled up on the next date. He also collected the voters list on 29-10-1993 and submitted the form on 30-10-1993 to the Returning Officer. His proposer was shown to be one Firoz Khan of the same constituency i.e. 242, Berasiya Assembly Constituency. The Returning Officer after verifying the form as required by sub-section (4) of Section 33 of the Representation of the People Act (hereinafter called the Act) accepted the same and entered the particulars thereof in the register as required by the Rules. The scrutiny of the nomination papers was fixed on 1-11-1993 and the last date for withdrawal of the forms was 3-11-199