JUDGMENT

SHINGHAI, J.:— Aad Lal, who contested the election to the Punjab Legislative Assembly from the Fazilka constituency in June, 1977, filed a petition to challenge the election of Kanshi Ram, hereinafter referred to as the respondent. He has filed the present appeal against the judgment of the High Court of Punjab and Haryana dated February 20, 1978, as his petition has been dismissed with costs. While the appellant was a candidate of the Janata Party and secured 19,929 votes, the respondent was a candidate of the Congress Party and secured 23,409 votes. There were other contestants at the election, but they fared badly and it is not necessary to refer to them. The appellant challenged the election of the respondent on the ground that he was not qualified to contest the election under S. 100 (1) (a) of the Representation of the People Act, 1951, hereinafter referred to as the Act, as he did not make and subscribe the oath prescribed by clause (a) of Art. 173 of the Constitution. He also pleaded that the respondent committed corrupt practices under sub-sections (5), (2) and (4) of S. 123 of the Act. We shall refer to the allegations when we deal with the issues which were fram