JUDGMENT

GUPTA, J. :—In the general election held in 1972 the appellant contested unsuccessfully the Assembly Seat in 39 Teliamura Scheduled Caste Constituency, Khowai Sub-Division, in Tripura. Poll was taken on March 11, 1972, the counting took place on March 14 and the result was announced the same day. The first respondent who secured 5458 votes was declared elected; the appellant polled 3847 votes. There were two other contestants, but it is not necessary to refer to them for the purpose of this appeal. On April 28, 1972 the appellant filed a writ petition in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura, Agartala Bench, calling in question the election of the first respondent on three grounds, two of which relate to corrupt practices referred to in sub-sections (1) and (4) of Section 123 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), and the other alleges contravention of Sec. 58 of the Act. It was stated that the first respondent and his agents with his consent offered bribes to the voters to induce them to vote for him at the election which is a corrupt practice under Section 123 (1). It was also alleged that to prejud