Judgment

BHARGAVA, J.: This appeal under section l16-A of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") has been filed by Bishwanath Rai whose election to the Legislative Assembly of Bihar from the Ramgarh Assembly Constituency No. 219 in the mid-term elections held in February, 1969, has been set aside on the ground of commission of corrupt practices. The Election Commission issued the notification calling for election on the 1st January, 1969. The last date for filing nomination papers was 8th January, 1969, the date of scrutiny was 9th January, 1969, and the date of withdrawal of nomination papers was 11th January, 1969. Polling took place on the 9th February, 1969 followed by the counting of the ballot papers and declaration of the result on 11th February, 1969. Nine candidates, including the appellant, and the respondent Sachhidanand Singh who filed the election petition, filed their nomination papers. One candidate withdrew his candidature on the 11th January, 1969. On counting of ballot papers, the appellant was found to have received 21,143 votes, while the respondent-election-petitioner received 19,356 votes. The remaining candidates got