Judgment

KRISHNA IYER, J:- By a plurality of less than 2000 votes the appellant was declared elected from the Nuh constituency to the Haryana Assembly in the general election held on March 11, 1972. He was an Independent candidate while his main rival; the first respondent, represented the Indian National Congress. There were three others in the field two of whom were Independents and the third a Jan Sangh nominee- all of them polled poorly. In the electoral history of the constituency fickle fortune has been smiling now on the appellant, now on the first respondent. It also happens that while the appellant had been a Deputy Minister when he was elected to the Haryana Legislative Assembly last from the same constituency in 1967, at the following general election in May 1968 to the same Assembly (before its term the Assembly was dissolved and the non-Congress Government went out of office) the first respondent was elected and he became a Member of the Cabinet formed by the Congress party. The next election fell in 1972 where both figured as combatants from Nuh and we are concerned with the validity of the result declared in favour of the appellant by the returning officer in the pres