ORDER

B.D. Agarwal, J. - This is an election petition under Section 81(1) of the Representation of the People Act. 1951.

2. Election to the State Legislative Assembly Constituency No. 41 Gunnaur village Mirzapur district Baduan took place in early March, 1985. Last date for filing nominations was notified as February 6, 1985. February 7, 1985 was the date for scrutiny of the nomination papers. The candidature could he withdrawn up to February 9, 1985. The poll took place on March 2, 1985. This was followed by counting on 6th March, 1985. The respondent No. I was declared elected having secured 23006 votes the next highest number of votes was obtained by the respondent No. 2 being 20735. The margin thus was of 2271 votes. The respondent No. 8 who was also a candidate in the election got 2606 votes. The petitioner who is an elector in this constituency has filed this election petition on the ground that the result of the election, in so far as it concerns the returned candidate has been materially affected by the improper acceptance of the nomination of respondent No. 8. The respondent No. 8 was on the relevant date of nomination and continues to be a teacher in the L.T. Grade in the