1. By this election petition under S.80/80 - A read with S.100 of the Representation of the People Act, 1951 (for short the Act), the petitioner has challenged the election of returned candidate i.e. respondent No. 1 who has been elected as member of the Chhattisgarh Legislative Assembly from Sarangarh Constituency reserved for Scheduled Caste community on the ground of improper acceptance of nomination form of returned candidate respondent No. 1 by the Returning Officer which materially affected the election.

2. As per the election petition, respondent No. 1 was required to submit correct nomination form for election. Respondent No. 1 has submitted nomination form as required under S.33(1) of the Act and the forms prescribed under R.4 of the Conduct of Elections Rules, 1961 (for short the Rules) in Form 2 - A to Form 2 - E. Respondent No. 1 has submitted his nomination form as required under R.4 of the Rules in Form 2 - A but the form submitted by respondent No. 1 was not correct in all respects in Part III of the form which was required for respondent No. 1 to give consent for nomination. The form which respondent No. 1 has submitted contains the words in place of , but withou