Judgment

GROVER, J.-This is an appeal from a judgment of the Madhya Pradesh High Court at Jabalpur dismissing a petition filed by the defeated candidate Devi Prasad under Sections 80 and 81 of the Representation of People Act, 1951 (Act 43 of 1951), hereinafter called the "Act" challenging the election of Maluram Singhania respondent No. 1, the successful candidate from the Birendranagar Constituency in the State of Madhya Pradesh.

2. The election was held on February 16, 1967. Out of the four respondents, respondent Nos. 3 and 4 withdrew their nomination papers and the election was contested by the appellant and the first two respondents. The result of the election was declared on February 2, 1967. The appellant got 14,465 votes. Respondent No. 1 obtained 15,811 votes and was declared elected. The election petition which was filed in April 1967 was contested by the first respondent alone, the proceedings against the other respondent being ex parte. The pleadings of the parties will be presently noticed to the extent they are relevant to the issues on which argument has taken place before us. In all nine issues were framed out of which the controversy in this Court has centred round