Judgement

VAIDIALINGAM, J.:- This is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter to be referred as the Act) against the judgment and order dated June 30, 1970 of the Patna High Court in Election Petition No. 11 of 1969, setting aside the election of the appellant to the Bihar Legislative Assembly in the mid-term elections held in that State in February, 1969.

2. In the mid-term elections held in Bihar in February, 1969, for the Minapur Assembly Constituency No. 65 in the District of Muzaffarpur, eight candidates including the appellant and the respondent had filed their nomination papers and contested the election on behalf of various parties. The appellant was a candidate of the Congress party having a symbol of "a pair of bullocks with yoke" and the respondent was a candidate on behalf of the Soshit Dal, the symbol of which was "Fish". Though there were eight candidates in the field, the main contest was between the appellant and the respondent. The appellant was a Rajput by caste and the respondent a Bhumihar Brahmin. The date of poll was February 9,1969, but in respect of two polling booths Nos. 57 and 99, there was a repoll on Februa