Judgment

UNTWAILIA, J.:- There were three candidates to contest the election to the Legislative Assembly of Madhya Pradesh from the Bhainsdeshi Assembly (Reserved) Constituency in the last general elections. The appellant in this appeal under Sec. 116-A of the Representation of the People Act, 1951 - hereinafter referred to as the Act, was declared elected to the seat defeating the other two candidates who are respondents 2 and 3. Respondent no. I filed an Election Petition in the Madhya Pradesh High Court challenging the election of the appellant on several grounds. A learned single Judge of the High Court has declared the election of the appellant void on one ground only. It has been held that he indulged in a corrupt practice within the meaning of section 123 (1) (A) (b) of the Act. We shall confine the statement of facts in this case to the only ground on which the appellant s election has been set aside.

2. Respondent no. 1 stated in paragraph 6 of his election Petition:

"(iv) That after the date of withdrawal the respondent no.1 himself end through his aforesaid agents and workers with his consent was vehemently trying to induce the respondent no. 3 to support the candidature of the respondent no. 1, and declare that the electors, should not vote for the respondent no. 3, but should vote for the respondent no. 1.

(v)That the respondent no. 1, and his aforesaid agents and workers having failed in their attempt in inducing the respondent no. 3 from either standing, withdrawing or declaring to support the candidature of the respondent no. 1, and the respondent no. 3. having started his election campaign in full swing, the respondent no. 1 apprehended that if respondent no. 3, remains in contest then, he had no chance of success. Therefore he made determined efforts, to see that the respondent no. 3 makes an appeal to the electors of the constituency to the effect that the electors should vote for the respondent no. 1 and should refrain from voting in favour of the respondent no. 3, and withdraws from the contest.........

(vii) That on 22-2-1972 at Paratwada respondent no. I himself in the company of his agents and workers Shri N. K. P. Salve, Shiv Bux Singh and Baboolal Pathak induced the respondent no. 3 to support the Candidature of the respondent no, 1 and offered to pay compensation to respondent no. 3. The respondent no. 3 agreed to support the candidature of the respondent no. 1, and to publish a pamphlet to the effect that the electors should vote for the respondent no. 1 and should refrain from voting the respondent no. 3. The respondent no. 1 offered a sum of Rs. 8000/- to the respondent no. 3 as compensation, which he had incurred in his election campaign."

3. On appreciation of evidence adduced before the High Court, on the relevant issues it recorded the following findings:

"ISSUE NO. 1 (a)

The respondent no. 1 (Kalya Singh) asked respondent no. 3 (Patiram) on the night intervening 22nd and 23-2-1972 at Paratwada to withdraw from the contest and to support respondent no. 1. Respondent no. 1 also offered to pay Rs. 8,000/- as compensation to respondent no. 3 for the election expenses till then incurred by him .

ISSUE No. 1. (b)

The respondent, no. 3 agreed to support respondent no. 1 and to issue a pamphlet requesting the voters to vote for respondent no. 1.

ISSUE No, 1 (c) ,

A sum of Rs. 4,000/- was void in cash on 23rd February, 1972 by respondent no. 1 to respondent no. 3. A pronote for Rs. 4,000/- (Ex. P-3) executed by respondent no. 1 in favour of Shiv Darshan Singh was also handed over by respondent no. l to respondent no. 3. It was also agreed that in case the balance amount of Rupees 4,000/- was not paid by respondent no. 1 respondent no. 3 will hand over the pronote to Shiv Darshan Singh who will recover the amount from Respondent no. 1 and pay to respondent no. 3.

ISSUE No, 1 (d)

In the meeting held at Bhainsdeshi on 23rd February, 1972 it was announced by respondent no. 3 that he now supports the Congress. The said