JUDGMENT

J.S. Verma, J.-This is an appeal under Section 116A of the Representation of the People Act, 1951 (for short, "the R.P. Act") against the judgment dated 16.4.1992 in Election Petition No. ... of 1991 by A.A. Halbe, J. of the Bombay High Court by which the election of the returned candidate Moreshwar Save from 33-Aurangabad Parliamentary Constituency to the Lok Sabha held on 12.6.1991 has been set aside on the ground under Section 100(1)(b) for commission of corrupt practices under Sections 123(3) and 123(3A) of the R.P. Act.

2. The relevant paras of the election petition relating to the pleading of corrupt practices are paras 6, 10, 11, 13 and 15. Para 6 contains a general averment without pleading ther relevant material facts therein that the respondent had appealed on the basis of religion to the Hindus by canvassing that the Hindu religion was in danger and the Hindus should awaken and meet the challenge posed by the minority specially the Muslims. In paras 10 and 11, it is pleaded that Manohar Joshi gave a speech on 6.5.1991 at Aurangabad in which he said that the candidate of BJP-Shiv Sena belongs to the Hindutva faction and that 85 per cent Hindus want to live with se