SHRIMAL, J.— In the General Elections of 1977, 20 persons filed nomination papers from the Havana constituency for election to the Rajasthan Legislative Assembly, all of which were found on scrutiny to be valid. Among these persons were the petitioner Mukat Beharilal, respondent No. 1 Shiv Charan Singh, respondents Nos. 2 to 7 and also 13 others. Shri Shiv Charan Singh (respondent No. 3), secured 16928 votes and was declared duly elected from the aforesaid constituency by the Returning Officer (respondent No. 8). Petitioner Mukat Beharilal secured 16090 votes. The rest of the persons filing nomination papers secured votes, the total number of which remained confined to 50423 votes.

2. On July 28,, 1977 the petitioner filed the present election petition under section 91 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) calling in question the election of the returned candidate and for declaration that his election be held null and void and for holding that the petitioner has been duly elected candidate from the Bayana Assembly Constituency. It was in the end, prayed that the respondent No 1 be declared disqualified for membership of the legislature fo

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