( 1 ) THIS is an election petition under S. 81 of the Representation of the People Act, 1951 (the Act 1951), by the petitioner, who was a candidate in the general elections to the U. P. Legislative Assembly, held in February-March, 1985, from 349 Nidhauli Kalan Assembly Constituency, district Etah. The last date for filing nomination papers was 6-2-1985 and the last date for withdrawal of nomination papers was 9-2-1985. The poll in the aforesaid constituency took place on 5-3-1985 and the respondent, who contested the election on Lok Dal symbol, was declared elected on 6th Mar. , 1985.

( 2 ) THE prayer in the election petition is that the election of the respondent from the aforesaid constituency be declared void and be set aside on the ground that the result of the election, in so far as, it concerns the respondent was materially affected because of the non-compliance with the provisions of the Constitution. of the Act, 1951, of the Conduct of Elections Rules, 1961 (the Rules 1961) and of the Election Symbols (Reservation and Allotment) Order, 1968 (the Order 1968 ).

( 3 ) THE grounds for getting the election of the respondent declared void have been stated in paragr