JUDGMENT

Shivaraj V. Patil, J.—Aggrieved by the judgment and order dated 24.3.2000 passed by the High Court of Himachal Pradesh in Election Petition No. 2/98, setting aside the election of the appellant from 61-Nachan (S.C.) Assembly Constituency and declaring it void, this appeal has been filed by the appellant under Section 116-A of the Representation of People Act, 1951 (for short ‘the RPA’), calling in question the correctness and validity of the said judgment and order of the High Court.

2. The material and relevant facts, to the extent they are considered necessary for the disposal of this appeal, are set out as under.

The respondent Dile Ram filed the election petition challenging the election of the appellant from 61-Nachan (S.C.) Assembly Constituency in Himachal Pradesh, pleading that the nomination papers were filed by the appellant, the respondent and others. He was set up as a candidate by the Bhartiya Janata Party (BJP) and the appellant was a candidate sponsored by the Indian National Congress (INC). After the scrutiny and withdrawal of nomination papers, five candidates remained in the field. The polling took place on 28.2.1998. The appellant was declared elected by th