Judgment

RANGANATH MISRA, J.:- This appeal under Section 116A(1) of the Representation of the People Act, 1951 (Act for short), is directed against the judgment of the Punjab & Haryana High Court setting aside the election of the appellant to Fatehabad Constituency of the Haryana Legislative Assembly. By Notification dated November 23, 1983, the Constituency was called upon to elect a member at the by-election. November 30, 1983, was appointed as the last date for receipt of nomination papers. Scrutiny was scheduled for December 1, 1983. Poll was held on December 23, 1983 and appellant was declared as the returned candidate by securing 1339 votes in excess of votes polled by respondent 1 who had been fielded as the common opposition candidate. On February 2, 1984, the respondents filed an Election Petition asking the election of the appellant to be set aside on the ground provided under S. 100(1)(c) of the Act by pleading that the nomination papers of two candidates being Mani Ram Chapola and Raj Tilak had been improperly rejected by the Returning Officer.

2. The appellant pleaded that. the nomination papers were defective and, therefore, liable to be rejected and the Returning Offic