S.S.NIJJAR,J. - (1.) Elections to Haryana Legislative Assembly were notified under Section 30 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") as follows : "1) filing of the domination papers : 27/01/2000 to 03/02/2000 ii) scrutiny of nomination papers : 04/02/2000 (iii) withdrawal of nomination papers : 04/02/2000 to 06/02/2000 iv) allotment of symbol : 07/02/2000 v) polling : 22/02/2000 vi) counting of votes : 25/02/2000" The petitioner and the respondents contested the election for 70Barwala Assembly Constituency. The petitioner contested the election as an independent candidate. Respondent No. 1Jai Parkash filed his nomination papers as a candidate of Indian National Congress. The result was declared on 25.2.2000. The petitioner secured 14958 votes. Respondent No. 1 secured 37,476 votes. Respondent No. 2Parmila Barwala secured 31618 votes. The other candidates secured the following votes : "Name of the candidate, Vote secured Ravinder Singh, respondent No. 3, 2570 Ved Singh, respondent No. 4, 1843 Giani Ram, respondent No. 5, 66 Nathu Ram, respondent No. 6, 1279 Pyare Lal, respondent No. 7, 78 Balraj, respondent No. 8, 49" Respondent No. 1 was thus declared elected.
(2.) The petitioner has filed the present Election Petition under Sections 80 and 81 read with Sections 100 and 101 of the Act with a prayer that the election of respondent No. 1 be declared void, and that the petitioner be declared to have been duty elected under Sections 101A of the Act, after recounting/rejecting all invalid votes.
(3.) On the completion of pleadings by order dated 17.9.2001, this Court framed the following issues : "1. Whether the valid votes polled in favour of the petitioner have been rejected illegally ? OPP. 2. Whether the number of votes polled in favour of the petitioner have been counted in favour of respondent No. 1 by the Returning Officer ? OPP. 3. Whether the election of respondent No. 1 from the 70Barwala Assembly Constituency is liable to be declared as void and is liable to be set aside on the grounds mentioned in the Election Petition ? OPP 4. Whether the Returning Officer has grossly violated the rules of the conduct of election to favour respondent No. 1 ? OPP 5. Whether the Election Petition discloses any cause of action and if not, what is its effect ? OPR 6. Whether the Election Petition contains the material facts and material particulars as envisaged under Section 83(1)(a) of the Representation of People Act, 1951, and if not, what is its effect ? OPR 7. Whether the pleadings of para Nos. 4 to 9 of the Election Petition are unnecessary, frivolous, vexatious and tend to delay the fair trial and, as such, are liable to be struck out from the pleadings as envisaged under Order 6 Rule 16 of the Code of Civil Procedure ? OPR 8. Whether the Election Petition discloses any cause of action, and if not, then the same is liable to be rejected as envisaged under Order 7 Rule 11 of the Code of Civil Procedure ? OPR 9. Whether the Election Petition is verified as envisaged under Order 6 Rule 15 of the Code of Civil Procedure, and if not, what is its effect ? OPR 10. Relief. Issues No. 5 to 9 are treated as preliminary issues.;