JUDGMENT

Dalveer Bhandari, J. —

1. This appeal has been preferred under section 116A of the Representation of the People Act, 1951 (hereinafter referred to as the said Act) against the judgment dated 8.12.2006 passed by the High Court of Punjab & Haryana at Chandigarh in Election Petition No. 16 of 2002.

2. The facts which are necessary to dispose of the appeal are recapitulated as under:

The Election Petition No. 16 of 2002 was filed by the defeated candidate appellant Baldev Singh Mann who lost the election from 87-Dirba (Punjab) Assembly Constituency which was held on 13.2.2002.

3. The appellant Baldev Singh Mann filed his nomination papers as a candidate of Shiromani Akali Dal (B) (for short “SAD”), whereas respondent Surjit Singh Dhiman filed his nomination papers as an independent candidate. In the election, respondent Surjit Singh Dhiman got 35,099 votes and appellant Baldev Singh Mann got 34,103 votes and consequently, the respondent was declared elected.

4. The appellant filed this election petition under sections 80 and 81 read with sections 98, 99 and 100 of the said Act before the Punjab & Haryana High Court. By a comprehensive judgment, the election petition was dismis