PARMESHWAR DAYAL, J.

( 1 ) A notification under S. 15 (2) of the Representation of the People Act, 1951 was issued on Jan. 30, 1985 calling upon all the Assembly Constituencies in the State of Uttar Pradesh to elect Members of the Legislative Assembly. The last date of filing nominations was 6-2-1985 and the last date of withdrawal was 9-2-1985. The polling was to take place on 2-3-1985. The petitioner Shyam Lal Rawat and the respondents Ram Lal and 10 others contested the election which was held on 2-3-1985. After counting, the respondent 1 Ram Lal son of Laltu was declared elected on 5-3-1985 from the reserved seat of Assembly Constituency 77 Sidhauli, district Sitapur. The respondent 1 Ram Lal secured 22,467 votes followed by the petitioner Shyam Lal Rawat who secured 20,999 votes, thus with a margin of 1468 votes.

( 2 ) THE petitioner challenges the election of the respondent 1 Ram Lal son of Laltu by means of this Election Petition on the grounds that the general election was formerly held in the month of May, 1980 when the respondent 1 was elected and he continued to be a Member of the Legislative Assembly as well as an Assistant Teacher of Junior Vidyalaya against the provisi

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