Judgment

Dr. A.S. Anand, CJI.-This appeal, under Section 116A of the Represen­tation of People Act, 1951 (hereinafter the ‘Act’), is directed against the judgment and order of the High Court of Punjab and Haryana dated November 5, 1997. By the impugned judgment a learned Single Judge of the High Court allowed Election Petition No. 3 of 1997 filed by the respondent herein and set aside the election of the appellant herein, the returned candidate, from 57, North Ludhiana Assembly Constituency of the Punjab Vidhan Sabha.

2. The Election Commission of India notified the holding of elections to the Punjab Vidhan Sabha. The election programme for 57, North Ludhiana Assembly Constituency was fixed as under :

“Last date of filing of                    nomination - 20-1-1997

Scrutiny of nominations - 21-1-1997

Last date for withdrawal                              of candidate/candidature- 23-1-1997

Date of polling - 6-2-1997

Counting of the ballots - 8-2-1997

The Election Commission of India, however, rescheduled the programme, as 23rd January, 1997 was declared as a National Holiday. The re-sche­duled programme was as follows:-

Last date for withdra