P.K.Deb, J.

1. This petition has been filed under Secs. 80, 80-A and 81 of the Representation of People Act, 1951 (In short the Act) challenging the election of the returned candidate, namely, Sitaram Yadav. Respondent No. 1, from 75 Harlakhi Assembly Constituency in the last election of Bihar Legislative Assembly held in the year 2000.

2. The petitioner was one of the contesting candidates in the election in question and besides him there were eleven other contesting candidates whose names appear in paragraph-6 of the election petition itself and they have also been made party respondents in the present case. The Sub-Divisional Officer of Jainagar, Sub-Division was appointed /returning Officer in the election in question and as per Notification of Election Commission of India dated 12th January, 2000, election in Bihar was held with the following programmes:

(i) Last date of filing Nomination paper - 3-2-2000

(ii) Date of scrutiny of Nomination papers - 4-2-2000

(iii) Last date for withdrawal of candidature - 7-2-2000

(iv) Date of Poll-22-2-2000

3. The candidature of the petitioner and the other respondents in the present case were found to be proper on scrutiny of their N