Naresh Kumar Sinha, J.

The election petitioner prays that the election of the respondent from 234, Nokha Assembly Constituency held in March, 1995 be declared void on the ground of improper rejection of his nomination.

2. The petitioner claims to be a famous social worker and General Secretary of the Samta Party. His case is that by a notification issued on 16.1.95 the programme of Assembly elections in Bihar had been announced. The nomination papers were to be filed from 16.1.95 to 23.1.95 and 24.1.95 was fixed for scrutiny of the nomination papers. The petitioner filed his nomination paper on 23.1.95 from 234 Nokha Assembly Constituency at Sasaram (hereinafter the 'Constituency') before the Returning Officer. His nomination paper was rejected on 24.1.95 under section 10A of the Representation of the People Act, 1951 (hereinafter the 'Act') by the Returning Officer on the ground that his name appeared in the list of disqualified candidates prepared by the Election Commission of India. The election for the Assembly was held on 15.3.95 and the respondent a candidate of the Janata Dal and others were permitted to contest the election whereas the petitioner was illegally and wit