JUDGMENT

D.P. Wadhwa, J.—This appeal is directed against the judgment dated August 18, 1998 of the Madras High Court allowing the miscellaneous application (Original Application No. 298/98) filed by the respondent under Order 6 Rule 16* and Order 17 Rule 11** of the Code of Civil Procedure (for short the Code) and thus holding that the election petition filed by the appellant under Section 100 (1)(b) and (d) of the Representation of the People Act, 1951 (for short the ‘Act’) stands dismissed under Section 83(1) of the Act read with the Code. In the election petition appellant had challenged the election of the respondent to the Council of States (Rajya Sabha) from the Pondicherry Legislative Assembly.

2. On September 16, 1997 Election Commission issued a notification calling upon the Legislative Assembly of the Union Territory of Pondicherry to fill up the vacancy on the completion of the term of the appellant in the Rajya Sabha. The notification also stipulated the election schedule. By the same notification the Secretary, Pondicherry Legislative Assembly was appointed as Returning Officer for the election. On September 26, 1997 the Election Commission released the list of contestin