- (1.) This is an appeal from the judgment of a learned Single Judge of the Orissa High court dismissing Election Petition No. 7 of 1985 by the appellant in that court.
(2.) The facts of the case have been fully set out in the impugned judgment of the High court and hence, little purpose would be served insetting them out here again. It should be sufficient to note only the few facts required to be set out to appreciate the controversy arising before us.
(3.) The election in. question was to the Legislative Assembly of the Orissa State from 74-Gopalpur (Scheduled Caste) Assembly Constituency. This election was held in March 1985. The last date for filing the nomination papers was 8/02/1985. The date of scrutiny was 9/02/1985. The last date for withdrawal of the nominations was 11/02/1985, February 10, 1985 being a Sunday. The appteltent duly. filed his nomination papers for the seat and along with the other papers, he filed an attested copy of the relevant part of the electoral roll relating to 67 Sorada Assembly Constituency in which, he was an elector. This was required because he was standing for election from a constituency other than the one in which he was an elector. On an objection by one of-the candidates, the said nomination paper was. needed for non-compliance with S. 33 (5) of the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"). The contention of the appellant is _that he bad produced before the Returning Officer an attested copy of the relevant part of the electoral ;roll of the constituent in which he was an elector and hence, the rejection of his nomination paper on the ground of non-compliance with Section 33 (5) of the said Act was wrong and bad in law.;