JUDGMENT

S.B. Sinha, J.-The election petitioner is the appellant herein. He filed the said petition questioning the election held on 10.5.2001 and the result whereof was declared on 13th May, 2001 declaring the first respondent herein as having been elected from 109 Bihpuria Constituency in the Assam Legislative Assembly General Elections.

2. The appellant attributed corrupt practices against the first respondent herein purported to be under Section 123(3) and Section 123(3A) of the Representation of the People Act, 1951.

3. The full particulars of alleged corrupt practices had been set forth in the petition which are as under :

(i) "On 25.4.2001 at about 2 P.M. when the petitioner was coming from Bahgora Devrigaon to Biphuria Town in a Tata Sump (hired) vehicle accompanied by his wife and workers of the party Sri Lakhi Kanta Hazarika and Sri Giridhar Gohain after paying a visit to Shiv Mandir (Kundi Mama Mandir) the petitioner and his superiors on their way themselves saw a gathering of about 200 men who were being addressed by the respondent No. 1 Sri Premodhar Bora from the stage platform of Rangamanch situated at Santhapur within Biphuria Police Station as a par