Judgment

MITTER, J.: This is an appeal by an unsuccessful candidate at an election held in February 1967 for the Bihar State Legislative Assembly from the Single Member Rajmahal Constituency No. 139. Originally there were eight candidates: we are concerned only with two of them, namely, the election petitioner and respondent, Nathmal Dokania, the returned candidate as a result of the election. The election petitioner lost before the High Court. The main ground on which he presses this appeal are based on paras 4(c) and 4 (e) of the petition. The relevant issue framed by the learned trial Judge with regard to paragraph 4 (c) is issue No. 5 reading:-

"Did the respondent or his election agent or his workers with his or his election agent s consent resort to corrupt practices in the election as alleged by the petitioner and has the result of the election been materially affected thereby?" In para 4 (c) it is pleaded that the respondent himself and his agents and workers including certain name persons with his consent "committed a corrupt practice of publication of statement of facts throughout the constituency and mainly at Shahebganj, Teen Pahar and Rajmahal during the election campaign