The High Court set aside the election of the appellant and declared the first respondent duly elected.
The appellant secured the largest number of votes, namely 37,174, and he was declared elected.
He companytended that at the time of scrutiny of the numberination papers the appellant held from the appropriate Government, that of the State of Haryana, five leases for the extraction of major and minor minerals and that, therefore, he was disqualified from companytesting the election.
The judgment and order of the High Court is under appeal by special leave.
The first respondent secured 26,159 votes.
The first respondent challenged the election of the appellant by filing an election petition in the High Court of Punjab and Haryana.
BHARUCHA, J. LITTTTTTTJ The appellant and the respondents were candidates from the Smalkha companystituency at the general election to the Haryana Assembly held on 22nd February, 2000.
