RABINDER SINGH SOHAIL Vs. HIRA SINGH GABARIA

JUDGEMENT

(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 petitioner's 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 :-

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