ORDER

These two appeals, one by the returned candidate whose election was set aside and the connected appeal by the unsuccessful candidate whose evidence in respect of other issues was not accepted by the High Court arise from judgment of Madras High Court made on January 31.1994 in Section Petition No. 1 of 1991. At an election to the Tamil Nadu Legislative Assembly held on June 15, 1991 from Assembly Constituency No. 220, Cheranmahadevi Constituency, the appellant was declared to have been elected. His election was challenged by the first respondent-unsuccessful candidate. Several averments were made under Section 123 of the Representation of People Act, 1951 (for short, the Act ) imputing corrupt practices committed by the respondent in the said election. The High Court found that the appellant had declared in his return, the election expenditure as Rs. 36,350/- wherein he had admitted that he had used the vehicle bearing registration No. TN-72 1909 and had incurred an expenditure towards the running of that vehicle during the election campaign of Rs. 15.875/-. He has also admitted in his written statement that he had used another vehicle, bearing registration No. TNH-555. He di