S.N.Hussain,J.

This election petition has been filed by Dr. Ram Prakash Mahto under the provision of Sections 80 and 80A of the Representation of Peoples Act, 1951 (hereinafter referred to as ‘the Act’ for the sake of brevity) challenging the election of the sole respondent Tar Kishore Prasad who has been declared elected for 14^th Bihar Legislative Assembly from 142, Katihar Assembly Constituency for which election was held on 26.10.2005.

2. The admitted facts of the matter are that a notification was issued on 28.09.2005 calling for the voters of 142 Katihar Assembly Constituency to elect their representative of 14^th Bihar Legislative Assembly fixing 05.10.2005 as the last date for filing nomination within which period altogether 10 candidates, including the sole petitioner and the sole respondent, filed their nomination papers, out of which the petitioner was an official candidate of Rashtriya Janta Dal political party, whereas the sole respondent filed his nomination as an official candidate of Bhartiya Janta Party political party and after scrutiny on 06.10.2005, the nomination papers were found valid and were accepted and a list of validly nominated candidates was published by t