Judgement

HEGDE, J. : -This appeal is directed against the order of the High Court of Delhi and Himachal Pradesh in Election Petition No 3 of 1967. That petition related to the election to the Himachal Pradesh Legislative Assembly during the last General Election, from 9-Arki Assembly Constituency.

2. The only ground taken in the petition was whether the nomination of the respondent was improperly rejected. The respondent had filed his nomination for the election in question on January 20, 1967. He had filed two nomination papers. The scrutiny took place on January 2, 1987. At the time of the scrutiny, the respondent was not present, his nomination papers were rejected by the Returning Officer. The election took place in February. 1967. The two contesting candidates were the appellant and Hari Das the Congress nominee. The appellant succeeded by a margin of about 8,000 votes. After the results of the election were announced, the respondent filed an election petition with which we are now concerned.

3. The only ground taken in the election petition as mentioned earlier was that his nomination papers were improperly rejected. In rejecting the nomination papers of the respondent the Retu