Judgment

HEGDE, J. :- This is an election petitioner s appeal under Section 116-A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act). It relates to the election to the Tamil Nadu Legislative Council from the Madras City Graduates constituency. The election was held on April 11, 1970. Seven candidates contested in that election. The election was according to the principles of proportional representation by means of single transferable vote. The Madras City Graduates constituency was a two member constituency. The 1st respondent, Vasantha Pai was declared elected in the first count itself. The second respondent Narayanaswamy was declared elected in the second count. The election of Vasantha Pai was challenged by the appellant Vardachari who is an elector in the constituency in question on the ground that Vasantha Pai was guilty of corrupt practices mentioned in sub-sections (2) and (4) of Section 123 of the Act. The High Court came to the conclusion the petitioner has failed to make out his case and consequently dismissed the election petition. Hence this appeal.

2. The charges levelled against Vasantha Pai are: (1) that he (Vasantha Pai) falsely