Judgment

GROVER, J.:- This appeal from a judgment of the Allahabad High Court arises out of an election petition filed by the defeated candidate Satyavir challenging the election of Rampal Singh to the Uttar Pradesh Legislative Assembly from the Bijnor constituency. The High Court has set aside the election of Rampa1 Singh on the ground that the total expenditure incurred by him on his election exceeded the maximum limit of Rs. 9,000/- Prescribed under Rule 90 (2) of the Conduct of Election Rules and he-had committed a corrupt practice as defined in Section 123 (6) read with Section 77 (3) of the Representation of the People Act, 1951, hereinafter called the Act .

2. The appellant, who belongs to the Bhartiya Karanti Dal party, contested the seat to the legislative assembly from No. 22 Bijnor General constituency. Respondent No. 1 also contested the election from the same constituency as a candidate of the Congress Party. Respondent No. 2 was put up by the Muslim Majlis. Five others contested the same seat. The poll was held on February 9, 1969 and the counting of votes took place on the following day. The appellant secured 28,766 votes, respondent No. 1 20,569 and respondent No. 2