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 in 60 Ludhiana (Rural) Assembly Constituency nor was a candidate in the election?(Respondent)(4) Whether the petition is liable to be dismissed under Section 86 of the Representation of the People Act for non-supply of true copy of the petition to the respondent inasmuch as the details of the documents attached with the petition were not incorporated in the petition nor the copies of documents were supplied to the respondent?(Respondent)(5) Whether the defects noticed by the Registry of this Court were fatal and the corrections made by the petitioner after the expiry of the period of limitation rendered the pettion time-barred?(Respondent)(6) Relief."

3. Issues Nos. 4 and 5 have already been decided against the respondent by order dated September 10, 1997.

4. On the other 3 issues, namely, issues Nos. 1, 2 and 3, the parties have adduced evidence. The petitioner and also the respondent have appeared in the witness-box and have examined five witnesses each.

5. The petitioner, Rabinder Singh Sohil, who is the prime witness, has stated, in his evidence, that he had been nominated as a candidate by Shri Santokh Singh Randhawa, President, Punjab Pardesh Congress Committee. He collected, from the party office at Chandigarh, the authorsation letter issued in his favour and reached Ludhiana on January 20, 1997 at 2 P.M. He immediately, along with his proposers and supporters, reached the office of the Returning Officer, Jasbir Singh Heer. It was 2.48 P.M. at that time. He obtained the nomination form from the office of the Returning Officer and after filling up the same, presented the form along with requisite documents before the Returning Officer. However, the Returning Officer asked him to wait for some time and he complied with the same. At 3 P.M., the Returning Officer announced that the candidates, who were present in his room for filing their nomination papers, shall be permitted to present their papers even after 3 P.M. The Returning Officer asked his gunman to close the doors of his office after making an announcement outside the office room that the candidates intending to file nomination papers may do so. Shri Hira Singh Gabaria was sitting in the room and the Returning Officer was busy talking to him. After sometime, the petitioner asked the Returning Officer to accept his nomination paper, whereupon the Returning Officer asked him to wait for some more time as he wanted to have consultation. The Returning Officer consulted the respondent and then informed the petitioner that his nomination paper could not be received as the time, by which the nomination paper could be filed, had already expired at 3 P.M. The petitioner protested against the refusal but with no result. He then left the office and made a telephonic call to the Deputy Commissioner