Judgement

VENKATARAMA AYYAR, J. : The appellant was a candidate for election to the Legislative Assembly of the State of PEPSU from the Dhuri Constituency and having secured the largest number of votes was declared duly elected. The first respondent who is one of the electors in the Constituency filed the petition out of which the present appeal arises, for setting aside the election on the grounds, inter alia , (1) that the nomination of one Mali Singh had been wrongly rejected by the returning officer, and (2) that the appellant was guilty of the corrupt practice of bribery.

The Tribunal held that both these grounds were made out, and accordingly set aside the election. It further recorded a finding in terms of S. 99(1)(a), Representation of the People Act 43 of 1951 that the appellant was proved to have committed the corrupt practice of bribery as mentioned in S. 123(1) of the Act. The Appellant thereupon filed in the High Court of Patiala and East Punjab States Union an application under Art. 227 attacking the finding of the Tribunal that he was guilty of bribery.

The order of the Tribunal in so far as it set aside his election was not challenged. By order dated 12-1-1954 the Hig