JUDGMENT

This appeal is directed against an order of the High Court of Punjab and Haryana dated 3.6.1999, dismissing an election petition filed by the appellant at the threshold on sustaining preliminary objection.

2. The appellant, who was a candidate set up by the Congress Party was defeated by respondent No. 1, the returned candidate, who had been set by the Akali Dal (Badal group). The elections to constituency No. 96, Ferozepur Cantt of Punjab Legislative Assembly were held in 1997. The polling took place on 7.2.1997 and after counting of votes on 9.2.1997, respondent No. 1 was declared elected. In view of the limited nature of controversy involved in this appeal, we are relieved of the necessity of giving break-up of votes or mention about other candidates, who had also contested the election.

3. The appellant filed an election petition seeking to declare the election of returned candidate void on various grounds and for a further declaration that the appellant be declared duly elected as Member of the Legislative Assembly after setting aside election of the returned candidate. In the election petition, two main corrupt practices were alleged to have been committed by the retu