Judgment

HIDAYATULLAH, C.J.I. : In the last General Election to Parliament from the Bombay South Parliamentary Constituency eight candidates had offered themselves. The answering respondent Mr. George Fernandez secured 1,47,841 votes as against his nearest rival Mr. S. K. Patil who secured 1,18,407 votes. The remaining candidates secured a few thousand votes between them. The result of the poll was declared on February 24, 1967 and Mr. George Fernandez was returned. An election petition was filed by Mr. Samant N. Balakrishna, an elector in the constituency. It challenged the election of Mr. Fernandez and was ostensibly in the interest of Mr. S. K. Patil. The election petition was keenly contested and Mr. S. K. Patil gave his full support to the petition. The election petition failed and it was dismissed with an order for costs against the election petitioner and Mr. S. K. Patil. Two appeals have now been filed against the judgment of the Bombay High Court, one by the election petitioner and the other by Mr. S. K. Patil. They have been heard together and this judgment will dispose of both of them.

2. The petition was based on numerous grounds which were set out in paragraph 2 of the p