Judgment

MUDHOLKAR, J. ;

The main question which arises for decision in the appeal from the judgment of the Gujarat High Court is whether the appellant could be said to be guilty of a corrupt practice contemplated by sub-s. (3) of S.123 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) by reason of the fact that his election symbol, a star, was described as Dhruva star in the pamphlets published and distributed by him or by his agents and in which the qualities of Dhruva star were also set out.

2. The election to the Assembly seat was contested by three candidates, the appellant, respondent No. 1 and respondent No. 2:The appellant having secured 20,062 votes as against 15,190 secured by the first respondent and 7,093 by the second respondent was declared to be elected on February 26, 1962. The first respondent thereupon preferred an election petition before the Election Commission challenging the appellant s election on the following five grounds :

(1) That the second respondent had not completed 25 years of age on the date of the scrutiny of the nomination papers, that the acceptance of his nomination paper was improper and that the result of the el