Judgment

SIKRI, J. (For himself and Bachawat, J.):- This appeal under Section 116-A of the Representation of the People Act, 1951, is directed against the judgment and order of the High Court of Gujarat in Election Petition No. 3 of 1967, setting aside the election of Kanti Prasad Jayshanker Yagnik, appellant before us, to the Gujarat State Assembly from Mehsana State Assembly Constituency under Section 123 (2), Section 123 (3) and Section 100 (1) (b) of the Representation of the People Act, 1951- hereinafter referred to as the Act.

2. The High Court held that certain speeches made by Shambhu Maharaj, with the consent of the appellant, amounted to corrupt practices within the meaning of Sections 123 (2) and 123 (3) of the Act. Since we are in agreement with some of the conclusions arrived at by the High Court it is not necessary to deal with all the speeches made by Shambhu Maharaj, but only with the speeches which the High Court held to amount to corrupt practices within the meaning of Sections 123 (2) and 123 (3). Before we set out the impugned passages from the speeches we may give a few preliminary facts.

3. The poll for the election was taken on February 21, 1967, and the re