Judgment

DWIVEDI, J.:- The appellants, Laxminarayan and Marotrao. filed an election petition challenging the election of Jambuwantrao Dhote to the Lok Sabha from 21 Nagpur Parliamentary Constituency. There were five candidates in the run. Dhote was on. He was elected. The poll was on April 18, 1971. Dhote obtained 1,25,665 votes. The next highest votes were obtained by Rikhabchand Sharma. He polled 1,23,615 votes.

2. The election was challenged on diverse grounds. There were as many as 13 issues. The record of evidence is voluminous. The judgment of the High Court runs to 244 pages. The High Court decided all the issues against the appellants. Hence this appeal.

3. Sri Phadke, counsel for the appellants, has not covered the whole ground again; he has confined his arguments to issues 2,4,5,8 and 9. Thus the scope of inquiry is much narrower in the appeal.Issue No. 2:

4. Section 100 of the Representation of the People Act, 1951 (hereinafter called the Act) specifies the grounds on which the election of a returned candidate may be set aside According to S. 100 (1) (d) (iii) the election may be set aside if the result of the election of the returned candidate has been materially affected b