JUDGMENT

J.S. Verma J.-Both these appeals are under Section 116A of the Representation of the People Act 1951 (hereinafter referred to as the Act/R.P. Act) against the judgment dated 7th April 1989 of the Bombay High Court in Election Petition No. 1 of 1988 by which the election of Dr. Ramesh Yeshwant Prabhoo the returned candidate from 38 Vile Parle Constituency to the Maharashtra State Legislative Assembly held on 13th December 1987 has been declared to be void on the ground under Section 100(1)(b) of the Act. The appellant has been found guilty of the corrupt practices prescribed by sub-sections (3) and (3A) of Section 123 of the Act at the election in that he and his agent Bal Thackeray with his consent appealed for votes on the ground of the returned candidate s religion and that they promoted or tended to promote feelings of enmity and hatred between different classes of the citizens of India on the grounds of religion and community. Consequently Bal Thackeray after a notice issued under Section 99 of the Act to him has also been named for commission of these corrupt practises. Civil Appeal No. 2836 of 1989 is by the returned candidate Dr. Ramesh Yeshwant Prabhoo and Civil App