Judgment

ALAGIRISWAMI, J.:- This appeal arises out of the election to the Haryana Vidhan Sabha from the Jhajjar constituency held on 11-3-1973 in which the appellant was declared elected on receiving 24060 votes as against 23975 votes received by the respondent. The respondent thereupon filed the petition challenging the validity of the election.

2. The appeal itself is against the order dated 17th August, 1972 passed by the learned Single Judge of the High Court, who heard the election petition in respect of issues 1, 2, 3, 4, 5, 6, 7 (a) and 7 (b). Issue 2 itself was not challenged before this Court. Issues 1, 3, 4, and 5 form one group; issue 6 relates to a corrupt practice; issues 7 (a) and 7 (b) stand by themselves. Though they also do not refer to a corrupt practice, we will discuss and deal with them separately.

3. We shall first set forth the allegations in the election petition which gave rise to these various issues, The allegation in the election petition with regard to issue (1) is found in para 9 (ii) of the election petition, with regard to issue (3) in para 9 (iv) issue (4) in para 9 (v) and issue (5) in para 9 (vi):

"Para 9 (ii) That the respondent got 28 votes of the d