JUDGMENT

S.B. Sinha, J.-This appeal under Section 116-A of the Representation of People Act, 1951 arises out of a judgment and order dated 7.8.2002 passed by the High Court of Patna in Election Petition No.3 of 2002 whereby and whereunder the election petition filed by the appellant herein was dismissed.

The Factual Background :

2. The parties hereto together with other candidates filed their respective nomination papers for election to the Bihar Legislative Assembly from 181 Parbatta Constituency.

3. The last date for filing the nomination papers was 31.1.2000 whereas the scrutiny thereof was to be done on 1.2.2000. The candidature could be withdrawn by 3.2.2000. The date of polling was 17.2.2000 and the counting of the ballot papers was to be done on 25.2.2000.

4. In the said election the respondent succeeded. The election petition was filed by the appellant herein solely on the ground that the respondent, at the time of filing his nomination paper being not above the age of 25 years as mandatorily required under Article 173(b) of the Constitution of India was not entitled to file his nomination.

Election Petition :

5. In his election petition, the appellant, inter alia, contended that