Judgment

JAGANMOHAN REDDY, J.:- The respondent - a nominee of the Utkal Congress of which Biju Patnaik an ex-Chief Minister of the Orissa State is the founder leader - was elected to the Lok Sabha from the Kendrapara parliamentary constituency in that State, by defeating two candidates, namely Surendranath Dwivedi - a nominee of the Praja Socialist Party - and Pradyumna Kishore Bal-a nominee of the Indian National Congress (B) Party At this election the respondent Surendra Mohanty polled 1,23,680 votes. Surendranath Dwivedi 1,20,707 votes and Pradyumna Kishore Bal 1,11,235 votes. The appellant - a voter in that constituency - challenged the election of respondent on the ground that corrupt practices under sub-sections (3) and d(4) of Section 123 of the Representation of the People Act, 1951 - hereinafter referred to as the Act - which were detailed in sub-paragraphs (i) to (iv) of paragraph-5 of the petition were committed by him and/or by his agents with his consent. The petition, after it was duly tried, was dismissed by the High Court, against which this appeal has been filed under S. 116-A of the Act.

2. It may be mentioned that the respondent was at all material times, and eve