ORDER :- This election petition has been filed by an elector Sri Ram Autar. He seeks to challenge the election of the returned Candidate Kunwar Satyabir from 22 Bijnor Assembly Constituency held in June 1977. The election has been challenged on the ground that the result of the election in so far as it concerns the returned candidate has been materially affected by a non-compliance with the provisions of the Representation of the People Act, 1951, the Conduct of Election Rules and the Provisions of the Election Symbols (Reservation and Allotment) Order, 1968. In other words, he seeks the election of the respondent to be declared void under S. 100 (1) (d) (iv) of the Representation of the People Act, 1951 (hereinafter referred to as the Act).

2. The petitioner s case very briefly stated is as follows :

That the Respondent who had filed his nomination seeking the symbol of the Janta Party, had not been able to file a notice in writing signed by the President of the Janta Party by 3 p. m. on the 21st May, 1977 which was the last date for the withdrawal of the candidatures and he was allotted the symbol of a horse and a rider. Sri Kranti Kumar who had also filed his nomination as a candi

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