JUDGMENT

R.C. Lahoti, J.-Pursuant to a notification issued by the Election Commission of India under Section 30 of the Representation of the People Act, 1951 (hereinafter the Act , for short) in the month of January 2000 several constituencies, including 89 - Ateli Assembly Constituency, in the State of Haryana, were called upon to elect members for the Haryana Legislative Assembly. Several nomination papers were filed on the dates appointed for filing nomination papers. After scrutiny held on 4th February and withdrawal of candidature by a few candidates on 7th February there were 17 candidates, including the appellant and respondent, who remained in the fray for Ateli Constituency. It may be stated that Smt. Om Kala, wife of a candidate Shri Naresh Yadav, has also filed her nomination. She is alleged to be a cover candidate for her husband. Once the nomination of Shri Naresh Yadav was found to be in order and accepted Smt. Om Kala withdrew her candidature. The constituency went to polls on 25.2.2000. On counting, the contesting candidates were found to have secured the following numbers of votes :-

Sr. Name of the candidate Party No. of valid

No.