Judgment

SARKARIA, J.: - Prithvi Singh Azad (thereinafter referred to as the returned candidate), Bachan Singh, Naurang Singh and Lachchman Singh contested the election to Punjab Vidhan Sabha from the Khanna (Reserved) Assembly constituency. Azad was the nominee of the Congress Party and Bachan Singh of the Akali Dal.

2. The poll was held on March 11, 1972. On March 12, 1972, Azad was declared elected. He secured 25984 votes, whereas Bachan Singh appellant No. 1 polled 24,865 votes. The other two forfeited their securities.

3. On April 26, 1972, Bachan Singh, the unsuccessful candidate and one elector, Harcharan Singh, jointly filed an election petition under the Representation of the People Act, 1951 challenging the election of the returned candidate on several grounds. In the event of Azad s election being set aside, Bachan Singh claimed a further declaration under Section 101 of the Act of his own election.

4. The petition was dismissed by the High Court. Hence this appeal by the petitioners.

5. Before us only two grounds have been pressed into argument by Mr. Kapil Sibal, learned Counsel for the appellants.

6. Firstly, it is contended that the returned candidate had obtained the assi