JUDGMENT

Shah, J.-This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") is filed against the final judgment and order dated 4.5.2001 passed by the High Court of Himachal Pradesh at Shimla in Election Petition No. 1 of 1998.

2. The election petition was filed by the appellant for setting aside the election of respondent No. 1. It is submitted that the appellant contested the election as a candidate sponsored by the Indian National Congress while respondent No. 1 contested the election as candidate sponsored by the Bhartiya Janta Party. Appellant secured 11,657 votes and respondent No. 1 secured 11,660 votes. Therefore, respondent No. 1 was declared elected by a margin of three votes only. It was alleged that the said election result was vitiated because of improper reception of invalid votes in favour of respondent No. 1 and improper rejection of valid votes in favour of appellant. It was also contended that many irregularities were committed during the course of counting which had materially affected the result of election insofar as the returned candidate is concerned. It was pointed out that total number of ballot paper