JUDGMENT

Y.K. Sabharwal, J.-The appellant contested election to 56-Hathin Assembly Constituency. Respondent No.1 was declared elected by margin of 1354 votes. The appellant polled 22423 valid votes whereas respondent No.1 polled 23777 valid votes. The election was contested by 9 candidates. Respondent No.3 Daler Singh was one of the candidates. Daler Singh polled 3908 votes.

2. The appellant challenged the election of respondent No.1 in an election petition filed by him under Sections 80, 80A and 82 read with Sections 100 and 101 of the Representation of People Act, 1951 (for short, the Act ) on various grounds. The election petition has been dismissed and, therefore, the appellant has filed this appeal challenging the impugned judgment of the High Court.

3. Learned counsel for the appellant has only pressed two points - one as to the improper acceptance of nomination paper of Daler Singh and the other relating to the corrupt practice of bribery - allegedly committed by respondent No. 1 as pleaded in para 9 of the election petition.

4. Regarding the first point, the contention of the learned counsel for the appellant is that Daler Singh was not qualified to be chosen as a member of t