JUDGMENT :

1. Heard Shri Naveen Sinha, learned Senior Advocate, assisted by Ms. Kalpana Sinha and Shri Raghav Nayar, learned counsel for the election petitioner and Sri N.K. Pandey along with Sri S.A. Kazmi, learned counsel for the respondent - returned candidate.

Facts

2. Briefly stated facts of the present case are that notification under the Representation of the People's Act 1951 (hereinafter referred to as “the Act 1951”) was issued notifying for election of U.P. State Legislative Assembly from 34-Suar, District – Rampur constituency. A public notice was also issued by the Returning Officer fixing the following programme for holding the election from the aforesaid constituency :-

(a) Date of filing nomination 25.01.2017

(b) date of scrutiny of nomination papers 28.01.2017

(c) Date of Withdrawal of nomination papers 30.01.2017

(d) Date of allotment of symbols 01.02.2017

(e) Date of poll 15.02.2017

(f) Date of counting 11.03.2017

3. After scrutiny and withdrawal of nomination papers, the election petitioner and six other persons including the respondent were the candidates who remain