Judgment

Srinivasan, J.-The appellant was declared elected on 11.12.1994 in the election held on 26.11.94 for the 133 Holenarasipura Assembly Constituency in Karnataka State. The first respondent filed Election Petition No. 16 of 1995 in the High Court of Karnataka on the follow­ing grounds :-

(a) Non compliance with Rule 63 of the Conduct of Election Rules, 1961, (hereinafter referred to as ‘the Rules’) attracting the provisions of Section 100(1)(d)(iv) of the Respresentation of the People Act, 1951 (hereinafter referred to as ‘the Act’).

(b) Commission of corrupt practices by the appellant and his father with the consent of the appellant falling within the scope of Section 100 (1)(b) and Section 100(1)(d)(ii) read with Section 123(2), 123(7)(f), and 123(8) of the Act.

2. The allegations in the Election Petition were mainly that after completion of counting by the Returning Officer, without announcing the result and recording the same in the prescribed form, a request made by the appellant for recount was entertained by the said official who was unduly influenced by the father of the appellant, H.D. Deve­gowda who later became the Chief Minister of