Judgement

VENKATARAMA AYYAR, J. : This is an appeal by special leave against the decision of the Election Tribunal, Nowgong, setting aside the election of the appellant to the Legislative Assembly, Vindhya Pradesh, from Laundi. Constituency, on the ground firstly that he had employed Government servants as polling agents, and thereby committed a major corrupt practice under S. 123(8) of Act 43 of 1951, and secondly, that there were at the material period, contracts subsisting between the appellant and the Vindhya Pradesh Government for printing electoral rolls, and that he was therefore, disqualified under S. 17 of Act 49 of 1951.

2. As regards the first point, we have held in - Satya Dev Busheri v. Padam Dev , AIR 1954 SC 587 (A) and in - Satya Dev Busheri v. Padam Dev, (S) AIR 1955 SC 5 (B) that the appointment of a Government servant as polling agent does not per se fall within the mischief of S. 123(8). Mr. Chatterjee for the respondent referred us to the evidence of P. W. 5 which, if accepted, would show that the polling agent did also canvassing work for the appellant.

If this evidence is to be accepted, then there was undoubtedly corrupt practice falling within S. 123(8). But