JUDGMENT

Dr. A.S. Anand, CJI.-Election from 6th Davanagere Constituency to the 12th Lok Sabha was held on 22nd of February, 1998. The result of election was declared on 2nd March, 1998. First appellant besides respondents 1 to 7 were candidates at the election. The second appellant is the son of the first appellant. He is an elector of the Constituency, who had also acted as the election agent of the first appellant. The first respondent was declared elected by a margin of 11,332 votes. The election of first respondent was challenged by filing an election petition by both the appellants on various grounds of commission of corrupt practices. According to the appellants, it was to meet a procedural objection raised by the Registry of the High Court that two sets of court fee were paid and the original joint election petition was bifurcated into two separate election petitions being Election Petition Nos. 4 and 5 of 1998. Besides seeking setting aside of the election of the first respondent, the appellants also sought a declaration to the effect that the first appellant be declared elected. After respondents were served, the first respondent filed an application (I.A.1) under