JUDGMENT

SHINGHAL, J.:— This appeal by election petitioner Harjit Singh Mann is directed against the judgment of the Punjab and Haryana High Court dated February 7, 1978, dismissing the petition by which he had challenged the election of Umrao Singh, respondent No. 1, hereinafter referred to as the respondent, from the Nakodar constituency of the Punjab Legislative Assembly. The result of the election was declared on June 14, 1977, according to which the respondent was declared elected as he secured the highest votes at the poll.

2. Appellant Harjit Singh Mann could not contest the election as his nomination papers were rejected by the Returning Officer on May 19, 1977, which was the date fixed for the scrutiny of the nominations. That was taken as one of the grounds for filling the election petition, the other ground being the commission of some corrupt practices by the respondent. The respondent traversed the allegations. The trial court examined some of the preliminary objections and framed eight issues. The first two issues were decided in favour of the appellant. As regards issue No. 3, the trial court held that a part of the allegation of corrupt practice which was sought to