Judgment

SINGH, J. :- This appeal under Section 116-A of the Representation of the People Act 1951 (hereinafter referred to as the Act) is directed against the judgment and order of the High Court of Rajasthan dated 18-2-1987 setting aside the election of the appellant to the State Legislative Assembly of Rajasthan from Jodhpur City Assembly Constituency.

2. Election to the State Legislative Assembly of Rajasthan from the constituency No. 183 Jodhpur City was held in the year 1985, nominations papers were filed by 8-2-1985 and the date of scrutiny was 9-2-1985. In all 45 candidates filed their nominations. After scrutiny and withdrawal 21 candidates contested the election, after polling and counting of votes the appellant was declared elected having obtained majority of votes. Anand Purohit, respondent who is an elector in the Jodhpur City constituency No. 183 filed an election petition before the High Court challenging the appellants election, on the ground that the result of election was materially affected on account of improper rejection of nomination papers of three candidates namely, Smt. Umrao Ben, Hukmichand and Suraj Prakash Joshi. The respondent pleaded that Smt. Umrao Ben