Judgment

R.C. Lahoti, J.-This is an appeal under Section 116A of the Represen­tation of the People Act, 1951 preferred by the appellant (petitioner before the High Court) feeling aggrieved by the judgment of the learned Designated Election Judge of the High Court of Punjab and Haryana, dismissing the election petition laying challenge to the election of the respondent.

2. Legislative Assembly elections in the State of Punjab inclusive of ‘109 - Talwandi Sabo’ Constituency, took place in the months of Janu­ary and February, 1997 as per the electi on schedule announced by the Election Commission of India. The nomination papers were to be filed from 13.1.1997 to 18.1.1997. The scrutiny of nomination papers was to take place on 21.1.1997 at 11 A.M. The constituency was to go for polls on 7.2.1997. The counting of votes was to take place on 9.2.1997. The respondent filed his nomination papers on 16.1.1997. The appellant filed his nomination papers on 18.1.1997. At the scrutiny held on 21.1.1997, the nomination papers of the appellant and the respondent both were accepted. There were four other candidates whose nomination papers were also accepted. In all 92,586 votes were cast out of whi