R.L. Anand, J. - This order disposes of issues No. 6 and 7 framed by this Court on 28.3.2001 in Election Petition No. 4 of 2000 titled Harsh Kumar v. Bhagwan Sahai Rawat and others. These issues are to the following effect :-

"6. Whether the petitioner has not filed any legal and valid affidavit in support of the election petition, if so, its effect ? OPR

7. Whether the election petition lacks material facts and particulars and does not disclose any cause of action ? OPR"

2. In order to appreciate the controversy between the parties involving under these issues, the following facts can be noticed :-

General Elections to the Haryana Vidhan Sabha 2000 were notified on 10.1.2000. The last date for filing the nomination papers was 3.2.2000. The date of polling was 22.2.2000 and counting of votes took place on 25.2.2000. In this case challenge has been given to the candidature of returned candidate Bhagwan Sahai Rawat by petitioner Harsh Kumar from 56-Hathin Assembly constituency. Respondent No. 1 was declared successful by a margin of 1400 and odd votes. It is alleged by the petitioner that returned candidate started claiming in the constituency in public/corner meetings that he