M.L. Singhal, J. - Through this petition filed under section 80/81 read with section 100 of the Representation of People Act, 1951 (hereinafter referred to as the Act), Ved Singh petitioner has prayed for the setting aside of the election of respondent No. 1 Jitender Singh to Haryana Vidhan Sabha from 40- Kailana Assembly Constituency. He has further prayed that it be declared that his election to 40-Kailana Assembly Constituency to the Haryana Vidhan Sabha is void. He has prayed that he (Jitender Singh) be unseated and he (Ved Singh) be declared to have been elected in his stead.

2. Elections to fill up the Haryana Vidhan Sabha took place in the year 2000. For 40-Kailana Assembly Constituency, the petitioner was one of the candidates. He contested on Indian National Lok Dal (INLD) ticket. He is resident of village Pipli Khera. His name is entered at Sr. No. 632 Part No. 108 of 40-Kailana Assembly Constituency. Election programme issued by the Election Commission of India, was as follows :-

Last date of filing of nominations: 3.2.2000

Scrutiny of nominations; 4.2.2000

Last date of withdrawal of nominations: 7.2.2000

Date of polling; 22.2.2000

3. Petitioner, respondents and other candidates belonging to different political parties and the independents filed the nominations papers. After the date of withdrawal, only the petitioner and the five respondents were left in the election fray. Counting was held on 25.2.2000. After counting respondent No. 1 Jitender Singh was declared elected over his nearest rival (who was the petitioner) by a thin margin of 740 votes. Petitioner is stated to have polled 34913 votes while respondent No. 1 is stated to have polled 35653 votes. Daya Nand respondent No. 2 is said to have polled 953 votes. Nirpal respondent is said to have polled 621 votes. Nirmal Rani respondent No. 4 is said to have polled 10145 votes. Mahabir Singh Sharma respondent No. 5 is said to have polled 1035 votes. Respondent No. 1 Jitender Singh was a candidate sponsored by the Indian National Congress. Name of Daya Nand was proposed by Shri Ram Kishan whose name was entered at Sr. No. 205, part No. 134 of the electoral roll of 40-Kailana Assembly Constituency. Name of Daya Nand was entered at Sr. No. 203 Part No. 134 of the Electoral roll of 40- Kailana Assembly Constituency. Daya Nand filed his nomination paper in the office of SDO Civil Ganaur at 2.45 PM on 2.2.2000 as a candidate of Bahujan Samaj Party. Daya Nand is alleged to have taken/subscribed oath at 2.50 PM on 2.2.2000. Nomination paper of Shri Daya Nand is Annexure P-1 to this petition. A true translated copy of Annexure is Annexure P1/T. Certified copy of oath form of Daya Nand is annexed as Annexure P-2 to this petition and the true translated copy thereof is annexed as Annexure P-2/T. Mahabir Singh Sharma son of Shri Kanwal Singh respondent No. 5 also filed his nomination paper as an independent candidate and his name figures at Sr. No. 467 of electoral roll of part No. 100 of 40-Kailana Assembly Constituency. Mahabir Singh Sharma filed nomination paper on 3.2.2000 at 2.25 PM before the returning officer. His name was proposed by Yag Dutt, Ravinder, Krishan Chand and others who are electors registered in that constituency. Certified copy of the nomination paper filed by Mahabir Singh Sharma as an independent candidate is annexed as Annexure P-3 and the true translated copy thereof is annexed as Annexure P-3/T. The oath form submitted by Mahabir Singh Sharma is annexed as Annexure P-4 to this election petition and the true translated copy thereof is annexed as Annexure P-4/T to this election petition. It is alleged that Shri Daya Nand has not taken/subscribed oath and the statement of his oath form is only a paper transaction. From the oath form of Daya Nand, it emerges that he has not subscribed oath either in the name of God or on solemn affirmation as one of these options has not been scored. A candidate can either make and subscribe oath or on affirmation.