A. N. Chaturvedi, J.

1. This is a petition under Article 329 (B) of the constitution of India read with sections 80 and 81 of the Representation of the Pepoles Act, 1951 for setting aside the election of respondent No.1 jagdish Sharma from 246 Ghoshi Legislative Assembly Constituency and for declaring the election petitioner elected.

2. The case of the election petitioner as made out in the election petition is that by a notification published in the Bihar Gazette (Extra Ordinary) the Assembly Constituencies of Bihar State Legislative Assembly including 246 Ghoshi Assembly Constituency had been called upon to elect members for the purpose of constituting the new Legislative Assembly of the state and the various dates in January and February, 1990 had been fixed for the defferent stages of the election from the aforesaid 246 Goshi Assembly constituency. The election petitioner and several others presented their nomination papers to be candidates. As required by Sec.34 (2) of the representation of the People Act, 1951 the election petitioner deposited Rs.250/- in Government Treasury, Jehanabad. under Treasury Challan in favour of Returing Offier and attached the Treasury Chal