Judgment

GROVER, J. :- This is an appeal from a judgment of the Madhya Pradesh High Court in an election petition filed by the appellant Prahladdas Khandelwal one of the candidates for the Mid-term election to the Lok Sabha from the Betul Parliamentary Constituency No. 26 in the State Madhya Pradesh challenging the election of the respondent Narendra Kumar Salve the returned candidate.

2. Some of the material dates may be noticed. The notification calling for the election was issued on January 27, 1971. The last date for filing the nomination paper was February 3, 1971; the scrutiny was to take place on February 4, 1971. The election was to be actually held on March 4, 1971 and the election result was to be declared on March 11, 1971.

3. The appellant filed his nomination paper on February 2, 1971. An acknowledgement of the receipt of the nomination paper was given by the Assistant Returning Officer. The Assistant Returning Officer gave a certificate under Art. 34 of the Constitution that the appellant had been administered the oath as required under that Article. In this certificate there was a mention of 26th Betul Parliamentary Constituency. According to the evidence of the Assista