1. This petition has been filed by Rabinder Singh Sohil. The petitioner has alleged that he intended to be a candidate of the Indian National Congress in the general election held for the Punjab Legislative Assembly in the year 1997. The petitioners case is that he went to the office of the Returning Officer of 60 Ludhiana (Rural) Assembly constituency before 3 P.M. on January 20, 1997 but his nomination paper, which was duly accompanied by other requisite documents, was not accepted. Thus, he was denied the right to contest the election and hence the present petition. The respondent, Hira Singh Gabaria, was declared elected, after contest, from that constituency.

2. On the basis of the pleadings of the petitioner and the respondent, the following issues were framed :-

(1) "Whether the Returning Officer illegally refused to receive the nomination papers of the petitioner and of the other candidates? If so, to what effect?(Petitioner)(2) Whether refusal to receive the nomination papers of the petitioner and others amounted to rejection of the nomination papers?(Petitioner)(3) Whether the petitioner has no locus standi to file the present petition as he was neither an elector