The above election petition has been filed under Sections 80, 81, 83, 84 and 100(1)(c) of the Representation of People Act, 1951, hereinafter referred to as the "Act" challenging the election of the respondent from No.127 of Varkala Legislative Assembly Constituency in the General Election held on 13.04.2011.

2. Petitioner, as a candidate, submitted two nomination papers, numbered as ARO-13 and ARO-14, to contest the election from the above Constituency. He submitted his nomination as a candidate of the Bahujan Samaj Party, for short, the 'BSP', a registered National Political Party. Scrutiny of the nomination papers were conducted by the Returning Officer on 28.03.2011. The Returning Officer rejected both the nomination papers of the petitioner holding that the affidavit in Form No.26, though signed by the Notary Public, was not duly attested since the stamp of the required value has not been affixed on such affidavit. Certified copy of the order rejecting the nomination paper ARO-13 is Annexure-B and the nomination paper ARO-14 is Annexure-C. There are two affidavits attached to Form No.26 and both affidavits were attested by the Notary Public but by mistake notary stam