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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.

Originally five candidates submitted their nomination 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 Panjiar, the appellant herein, Shri Raj Kumar Mahaseth, respondent No. 2 and Shri Gangadhar, respondent No. 3. There were six polling stations in the constituency. 134 votes were polled out of which 33 votes were polled at Dalsingsarai polling station. Counting of the votes showed that the appellant had secured 45, the second respondent 49 and the third respondent 40, first preference votes. As none of them obtained an absolute majority of the votes cast, the third respondent was eliminated and his second preference votes were taken into. consideration. 14 of his second preference votes went to the appellant and 5 to the second respondent. Therefore the appellant was declared elected. His election was later challenged by the 1st respondent herein. The High Court has set aside the election and declared the 2nd respondent elected on the ground that on counting the validly cast votes, the second respondent has secured more votes than the appellant. It held that some of the votes Cast were not valid votes.