JUDGMENT

ALAGIRISWAMI, J.:—This appeal arises out of an election petition questioning the election of 1st respondent in the election held in March 1971 to the Lok Sabha from the Banaskantha constituency in Gujarat. In that election the 1st respondent, a nominee of the Ruling Congress was declared elected securing 1,16,532 votes as against 92,945 votes secured by the 2nd respondent, a nominee of the Organisation Congress. The appellant, a voter in the constituency, also belonging to the Organisation Congress, filed a petition challenging the validity of the election on various grounds out of which only those covered by issue No. 10, hereinafter set out survive for consideration :

"(10) Whether respondent No. 1 or his agents or/other persons with his consent made a gift or promise of gratification to the petitioner with the object directly or indirectly of inducing the petitioner to vote for respondent No. 1 or to refrain from voting for respondent No. 2?"

2. The allegation relating to this charge in the election petition is that the 1st respondent and his agent Maulvi Abdul Rehman and the 1st respondent s son Bipin Popatlal Joshi with the consent of the 1st respondent had made a gift