JUDGMENT

 This election appeal arises out of the judgment of the Punjab and Haryana High Court dismissing the Election Petition filed by the appellant who was candidate for the State Assembly (Constituency No. 83) namely, Barnala, the results whereof were declared on 1-7-1980. The petitioner assured 26,797 whereas the respondent, who bad succeeded, polled 30,289 votes. The view we are taking in this case to direct the High Court to frame issues in the context of averments made in paragraphs 29 and 36, in the facts and circumstances of this case is a logical sequel to the view taken by this Court in the first round by the order of this Court dated 22nd January, 1981 in an earlier proceeding between the same parties arising out of the same election petition. Mr. Ashok Sen with his usual fairness reduced the scope of this case by conceding that he would only press for framing of issues in the context of allegations incorporated in paragraphs 29 and 36 of the Election Petition which were originally struck off by the High Court, but restored by this Court as that part of the High Court order was set aside by this Courts order dated 22nd January, 1981. We, therefore, send the case back t