(1.) This appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") has been preferred by the returned candidate Ram Phal Kundu against the judgment and order dated 8-5-2003 of High Court of Punjab and Haryana by which the election petition preferred by Kamal Sharma was allowed and the election of the appellant from 50-Safidon Assembly Constituency to the Haryana Vidhan Sabha was set aside and a direction was issued to the Election Commission of India to hold a fresh election for the said constituency.
(2.) The Election Commission of India issued a notification on 24-1-2000 calling upon the electors of Haryana to elect 90 members to the Haryana Vidhan Sabha including that from 50-Safidon Assembly Constituency (Distt. Jind). The schedule for holding the elections was as under :
(3.) The appellant Ram Phal Kundu filed his nomination paper as a candidate of Indian National Lok Dal Party (hereinafter referred to as 'Lok Dal Party'). The respondent Kamal Sharma and Bachan Singh, both filed their nomination papers claiming to be candidates of Indian National Congress Party (hereinafter referred to as 'Congress Party'). The Returning Officer accepted the nomination paper of Bachan Singh as candidate of Congress Party and rejected that of Kamal Sharma. The election was held on 22-2-2000 as scheduled and the appellant Ram Phal Kundu secured the highest number of valid votes and was declared to have been elected. Kamal Sharma then filed an election petition under Sections 80, 81 read with Section 100 of the Act for setting aside the election of the appellant Ram Phal Kundu and for declaring his election as void. A further prayer was made that the Election Commission be directed to hold a fresh election to the said Assembly Constituency. After trial of the petition, the High Court allowed the election petition on the ground that the nomination paper of Kamal Sharma was wrongly rejected. Accordingly, the election of the appellant Ram Phal Kundu was set aside and the Election Commission was directed to hold a fresh election.