S.S.Nijjar, J.

1. The elections to the Punjab Legislative Assembly were held on 7.2.1997. The term of five years was to expire on 14.2.2002. The Election Commission of India announced the Election Programme for the States of Punjab, Uttar Pradesh and Manipur on 25.12.2001. Therefore, the Model Code of Conduct came into effect with effect from 25.12.2001. The Chief Election Officer, Punjab issued the programme for holding elections in all the 117 constituencies of Punjab, including 105 Muktsar Assembly Constituency. The election programme is reproduced as under:-

(1)

Calling of Constituency

16.1.2002

(2)

Last date for filing nomination

23.1.2002

(3)

Date of Scrutiny of nomination papers

24.1.2002

(4)

Last date for withdrawal of candidatures

28.1.2002

(5)

Date of Polling

13,2.2002

(6)

Hours of Poll

8.00 AM to 5.00 PM

(7)

Date of counting of votes

24.2.2002

(8)

Date of declaration of result

24.2.2002

2. After withdrawal of nomination papers, 12 candidates remained in the election contest for the Muktsar Assembly Constitutency. The petitioner was a nominee of the Congress Party. Respondent No. 1 contested as independent candidate, having been denied ticket by the Shiromani Akal