B. D. AGRAWAL, J.

( 1 ) THIS is an election petition under S. 81 (1) of the Representation of the People Act, 1951.

( 2 ) ELECTION to the reserved constituency No. 43 Bilsi district Budaun for one candidate to the Legislative Assembly of the State was held in early 1985. Last date for nomination was 6th Feb. , 1985; the scrutiny was to take place on 7th Feb. , 1985; the nomination could be withdrawn within 9th Feb. , 1985. The poll was scheduled for Mar. 2, 1985. This was followed by counting of the ballot papers on 6th Mar. , 1985. Initially there were seven nominations for the seat, out of which that of the respondent 6 was rejected and hence the remaining six, including the petitioner alone, remained in the field. The respondent 1 was declared elected having secured 30,944 votes; the petitioner got the next highest number of votes being 26,521. Aggrieved the petitioner has approached this Court with this petition claiming that the election of the respondent 1 be declared void and also that the petitioner be declared elected. .

( 3 ) THE petition is contested by the respondent No. 1 who has put in an action under S. 83 (1) of the Act read with O. VI, R. 16 and O. VII, R. 11 Civil