JUDGMENT

YOGESHWAR DAYAL, J.

(1) THIS is an appeal against the decision of the learned Single Judge of the Andhra Pradesh High court dated 12/09/1991 whereby Election Petition No. 6 of 1990 filed by the appellant herein was dismissed.

(2) WE find it convenient to refer to the parties as they were before the High court.

(3) THE petitioner and respondents 1 to 9 contested for membership of Andhra Pradesh Legislative Assembly from 254 Karimnagar Assembly Constituency in the election which was held on 22/11/1989.

(4) BEFORE the High court the petitioner had taken various grounds but only one ground was urged before us by learned counsel for the petitioner.

(5) ONE of the grounds urged before the High court was that the Returning Officer committed illegality in accepting the nomination paper of respondent 2 who was under 25 years of age and was not eligible to contest. He then pleaded that respondent 1 who was a winning candidate, secured 37,248 votes whereas the petitioner secured 36,821 votes and respondent 2 who was not eligible, secured 9568 votes. It was then submitted that the difference in votes secured by the petitioner and respon