Judgment

HEGDE, J.:- This is an appeal under Section 116A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act) from the judgment and order dated July 14, 1969 of the Patna High Court in Election Petition No. 1 of 1968.

2. A biennial election to the Rajya Sabha was held in March 1968. In that election, Bihar Legislative Assembly had to elect seven members to the Rajya Sabha. Twenty persons contested for those seven seats. The appellant is one of them. The appellant failed to get the required number of votes. By means of an election petition which has given rise to this appeal, he challenged the validity of the election of the 1st respondent on two grounds viz. (1) that the nomination of respondent No. 1 was improperly accepted inasmuch as he was not qualified to be enrolled as an elector in the electoral roll of West Patna Assembly constituency for the time being in force on the ground that he was then not ordinarily resident in the said constituency, but was on the other hand, ordinarily resident in Alipur constituency of the West Bengal Legislative Assembly and (2) that he was guilty of corrupt practice within the meaning of sub-section (1) of Sec