Kamlesh Sharma, J.—-These three Election Petitions (Election Petition No. 4 of 1994, Vikram Anand v. Rakesh Singha, 5 of 1994, Suresh Bhardwaj v. Rakesh Singha and others and 1 of 1994, Harbhajan Singh Bhajji v. Rakesh Singha and others) are being disposed of by a common judgment as the relief sought for in them is common. It is to declare the election of Sh. Rakesh Singha, from 8th Shimla Assembly Constituency held in November 1993, void. Election Petition No. 4 of 1994, which has been filed by an Elector, Sh. Vikram Anand, is on the grounds that the result of the election of Sh. Rakesh Singha has been materially effected by the improper acceptance, of his nomination papers as he was disqualified to be chosen to fill the seat of 8th Assembly Constituency having been convicted and sentenced to imprisonment for not less than two years as provided under section 8 (3) of the Representation of the People Act, 1951 (hereinafter called the Act).

2. In Election Petition No. 5 of 1994, which has been filed by a defeated candidate, Sh. Suresh Bhardwaj, who had contested the election on the ticket of Bhartiya Janta Party, besides the grounds taken in Election Petition No. 4 of 1994,