JUDGMENT

JASWANT SINGH, J :— This appeal under Section 116-A of the of Representation of the People Act, 1951 (hereinafter referred to as the Act) is directed against the judgment and order dated April 26, 1974, of Indore Bench of the High Court of Madhya Pradesh whereby the election of the appellant to the Madhya Pradesh Legislative Assembly from Kachrod Assembly Constituency No. 247 at the general elections of 1972 has been set aside under Section 100 (1) (b) of the Act on the election petition filed by Vimal Kumar Choudhury, respondent herein, who was an elector in the said constituency.

2. Pursuant to the notifications issued under Section 30 of the Act calling upon the aforesaid constituency to elect a member to the M. P. Legislative Assembly, nomination papers by the appellant and some others were filed on February 8, 1972. On scrutiny of the nomination papers held by the Returning Officer on February 9, 1972, nomination of 8 candidates was found valid. Out of the said 8 candidates, 3 withdrew their candidature with the result that only five candidates including the appellant who was set up by Bhartiya Jan Sangh and Rajendra Jain (P. W. 39) who was set up by the Indian Nationa