Judgment

HIDAYATULLAH, C.J.I. : This is an appeal against the judgment, dated January 15, 1968, of the High Court of Delhi (Himachal Bench) setting aside the election of the appellant to the Santokhgarh Assembly Constituency of Himachal Pradesh. The election has been set aside on the ground of corrupt practice under Section 123 (6) of the Representation of the People Act read with S. 98 (b) of the Act.

2. By a notification dated January 13, 1967 the electors of this constituency were invited to elect a member to the Assembly. The last date for filing of nomination papers was January 20, 1967. Scrutiny of the nomination papers was held the following day and the last date of withdrawal was January 23, 1967. Three candidates contested the election. The appellant was an independent candidate opposed by the respondent who was a Congress nominee and one Shanti Swarup, Jansangh candidate. The poll took place throughout the constituency on February 18, 1967. Votes were counted four days later at Una and the result was declared as follows:

Vidya Sagar Joshi

(Appellant) 8437 votes

Surinder Nath Gautam

(Election Petitioner) 7695 votes

Shanti Swarup 2067 votes

1267 ballots were rejected as invali