Judgment

MUKHERJEE, J.- Special leave granted in both the petitions.

2. In these two appeals orders dated November 2, 1992 and May 28, 1993 passed by the High Court of Punjab & Haryana in Election Petition No. 5 of 1992 are under challenge. Facts leading to the filing of these appeals and relevant for their disposal are as under :

3. The appellant and the four respondents herein contested the election of 99 Moga Assembly Constituency polling for which took place on February 19, 1992. When the results were declared it was found that Respondent 1 had secured the highest number of votes - and thereby won the election - followed by the appellant, who secured 7 votes less than her, and the other respondents. The appellant then filed the election petition assailing the election on various grounds as detailed therein. The ground, which is relevant for our present purposes, finds place in paragraph 18 of the Election Petition which reads as under :

"That twenty-two bogus votes of dead electors by impersonation were cast in favour of Respondent 1 at the instance of Respondent 1 and her supporters. The relevant details of these dead electors is annexed along with as Annexure P-9."

4. In course of