Judgment

HEGDE, J.:- The principal question raised in this appeal under S. 116A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act) is as to the scope of S. 23 (3) of the Representation of the People Act, 1950 (to be hereinafter referred to as the 1950 Act). A few subsidiary contentions have also been canvassed. They will be considered at the appropriate stage.

2. The election petition from which this appeal arises relates to the Darbhanga Local Authorities Constituency of the Bihar Legislative Council. The calendar for the election for that constituency was as follows:

1. Last date for filing nomination papers - 2-4-1968.

2. Date of scrutiny of nomination papers - 4-4-1968.

3. Last date for withdrawal of candidatures - 6-4-1968.

4. Date of poll - 28-4-1968.

5. Date of declaration of result - 29-4-1968.

3. Originally five candidates submitted their nominations for the election in question. On scrutiny all of them were held to have been validly nominated. Two of them later withdrew their candidatures within the period prescribed leaving in the field Shri Baidyanath Panjira, the appellant therein, Shri Raj Kumar Mahaseth, respondent No. 2 and Shri Gangadh