Surinder Sarup, J.— The present Election Petition has been filed by Shri Dile Ram challenging the election of the respondent Shri Tek Chand from 61-Nachan (S.C. Assembly Constitutency in Himachal Pradesh, elections for which were held as per the following programme : (i) Filing of nomination papers. 28.1.1998 to 4.2.1998 (ii) Scrutiny of nomination papers. 5.2.1998 (iii) Withdrawal of nomination papers. 7.2.1998 as last date for the withdrawal of the candidature (iv) Allotment of symbols 7.2.1998 after 3.00 p.m. (v) Date of polling, if necessary. 28.2.1998 (vi) Counting of votes. 2.3.1998

2. It is pleaded in the Election Petition that various nomination papers were filed by the candidates including the petitioner and the respondent. The petitioner was set-up as a candidate by the Bhartiya Janta Party (B.J.P.) and the respondent was sponsored by the Indian National Congress (I.N.C.). After scrutiny and withdrawal of nomination papers, five candidates were left in the field for the said constituency. Polling as scheduled took place on 28th February, 1998. After the counting of votes had been completed the result of the election was declared by the Returning Officer on 2nd M