Judgment

SARKARIA, J. :- The principal question that falls to be determined in this appeal on certificate, is: whether in an election petition under the Delhi Municipal Corporation Act, 1957 (for short, the Corporation Act), for getting an election declared void and for a further declaration that the petitioner himself had been duly elected, the returned candidate is entitled to plead and prove that the petitioner was guilty of corrupt practice in the election in question, and was therefore not entitled to be declared as duly elected?

2. The material facts bearing on this question may now be stated:

The elections to the Delhi Municipal Corporation were held on May 2, 1973. Appellant, Banwari Dass, and Sumer Chand, Respondent 1 and others contested the election from Ward No. 51. The appellant secured 3974 valid votes as against 3882 valid votes obtained by Respondent 1. The appellant was declared duly elected.

3. Respondent 1 filed an election petition under S. 15 of the Corporation Act before the Election Tribunal (District Judge) to challenge the election inter alia on the ground of corrupt practices particularised in para 9 of the petition. Apart from getting the election of the retu