JUDGMENT

J.S. Verma, J.-This is an appeal under Section 116A of the Representation of the People Act, 1951 (for short "the Act") by the returned candidate against the judgment dated 1st and 2nd July, 1991 of H. Suresh, J. of the Bombay High Court in Election Petition No. 19 of 1990 by which the election of the appellant has been set aside on the ground under Section 100(1)(b) for commission of corrupt practices under sub-sections (3) and (3A) of Section 123 of the Act. The appellant was candidate of the Bhartiya Janata Party and respondent was the candidate of the Janata Dal for election to the Maharashtra Legislative Assembly from No. 33, Matunga Constituency held on 27.2.1990. The appellant became candidate at the election on 8.2.1990. The date of poll was 27.2.1990 and the election result was declared on 1.3.1990 at which the appellant was declared duly elected having secured 31,530 votes while the respondent (election petitioner) had secured 28,021 votes and the Congress candidate secured 28,426 votes. The election petition was filed on the ground under Section 100(1)(b) alleging commission of corrupt practices under Sections 123(3) and 123(3A) of the Act. These corrupt practice