Judgment

BEG, J.:- Pratap Singh, the appellant before us under Sec. 116A of the Representation of the People Act, 1951 (hereinafter referred to as the Act ), was elected- at an election held on 11-3-1972 for the Haryana State Legislative Assembly, the result of which was declared on 12-3-1972. The Respondent Balbir Singh questioned this election by means of an election Petition alleging that the election was void as the appellant had committed corrupt practices hit by Sec. 123, sub-s. (4), (5) and (6) of the Act. The petition was allowed by a . learned Judge of the High Court of Punjab and Haryana. solely on the ground that the corrupt practice, provided far as follows, in Section 123 (5) of- the Act. was committed by the appellant:

"123 (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under Section 25 or a place fixed under subsection (1) of Section 29