V.N. SINHA, J.:–By filing the present Election Petition, election petitioner has challenged the election of sole respondent as member of Bihar Legislative Council from 02-Gaya Graduate Constituency held on 10.04.2011 as also prayed to declare the said election void under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the “Act”) and sole respondent ought not to have been declared elected from the said constituency as he secured 16242 votes, less than 16550 votes, the quota fixed for being declared elected under Rule 75 of the Conduct of Election Rules, 1961, which would appear from result-sheet dated 14.04.2011 (Annexure-1).

2. In support of the aforesaid plea election petitioner has relied on the provisions of Section 21 of the Representation of the People Act, 1950 (hereinafter referred to as the “1950 Act”) and Rule 31 of the Registration of Electors Rules, 1960 and with reference to the aforesaid provisions, it is submitted that the existing electoral roll i.e. final electoral roll of 2004 election was published as draft electoral roll for the impugned election, 2010 calling upon the eligible voters not included in the draft electo