Judgement

A. ALAGIAISWAMI, J.:- This appeal arises out of an election petition filed by the appellant, a voter, questioning the election of the 1st respondent to the Madhya Pradesh Legislative Assembly from the Lanji constituency in Balaghat District held on the 8th of March, 1972.

2. The 1st respondent had applied for a Congress ticket and on being refused a Congress ticket he contested the election as an independent candidate and won the election having obtained 20051 votes. The 2nd respondent was the Congress candidate who got the next highest votes of 19166. The other respondents were also unsuccessful candidates.

3. The appellant made a number of allegations against the successful candidate the purport of which would appear from issues 1 to 4 set out below :

1. Has the Respondent No. 1 incurred or authorised expenditure beyond the prescribed limit as detailed in paragraph 5-B. B-i, B-ii, B-iii, B-iv and B-v and what is its effect ?

2. Whether the Respondent No. 1 made a gift of expenses for election including the deposit of Rs. 250/- at the time of filing the nomination papers of the Respondents Nos. 5 and 6 with a view to divide the votes to support his candidature as detailed in