Judgment

SHAH, J. (on behalf of B. P. SINHA C.J.I. AND IMAM AND WANCHOO JJ. and himself). Three candidates, Balwan Singh (hereinafter referred to as the appellant), Ram Dulari and Gaya Prasad, contested the election to the U. P. Legislative Assembly from the Akbarpur Rural Assembly Constituency No. 6, at the last general elections held in 1957. The polling of votes took place on February 28, 1957, and the result of the election was declared on March 2, 1957. The appellant secured the highest number of votes and was declared duly elected. A voter named Lakshmi Narain - who will hereinafter be referred to as the first respondent - submitted an application to the Election Commission of India to declare the election of the appellant Balwan Singh void on the ground inter alia that the appellant

"and/or his election agent and/or other persons with his consent, had committed corrupt practices and the result of the election was materially affected by such corrupt practices committed in his interest."

In Cl. (f) of paragraph 9 of the petition, which is material for this appeal, it was averred by the first respondent, that in villages set out in annexure D, the appellant, his agents and workers