Judgment

HEGDE, J.: The decision on the question of law considered by this Bench was announced on the 14th of this month. We are now proceeding to give our reason in support of that decision. On September 14, 1970, two of us (Shah C. J. and Grover, J.) passed the following order:

"This appeal raises an important question of procedure. We have heard learned Counsel appearing on behalf of the parties. Mr. Gupte appearing for the appellant contended that the charge under S. 123 (6) read with Section 77 of the Representation of the People Act was not made out. Mr. Chari appearing on behalf of the respondent contended that he was entitled to submit without preferring a substantive appeal to this Court that the charges in respect of which the appellant has been absolved by order of the High Court are proved and he should be permitted to raise those questions in this appeal. Our attention has not been invited to any case which interprets the provisions of S. 116 (A) of the Representation of the People Act as it stands after the amendment made in the year 1967.

In view of the importance of the question, we direct that the case he referred to a larger bench of five Judges. Hearing expedited."

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