N.P. Gupta, J.-This petition has been filed by the returned candidate, against the Judgment of the Election Tribunal, being learned District Judge, Bikaner, dt, 12-8-2004, accepting the election petition, and, setting aside the election of the present petitioner, as Ward Member of Ward No. 4 of Nagar Palika, Nokha, in the election held on 21-8- 2000.

2. Facts of the case are that elections of Municipal Board, Nokha were held in August, 2000, wherein the petitioner along with other 10 persons filed their nominations, which were scrutinized on 9-8-2000. In that scrutiny, the nominations of Shanker Lal, Pushpa Devi and Prabhu Ram, sb Mangilal were rejected. Thereafter in the polling, the present petitioner is said to have polled highest number of votes, being 386 votes, and was declared elected.

.3. Challengingthis election, on 19-9-2000 an Election Petition was filed by the present respondent. The election was sought to be challenged on various grounds, viz., that the Returning Officer wrongly rejected the nomination of the election petitioner, who had filed nomination as an independent candidate. His nomination was rejected on the ground, that the name of one of the five pr