Judgment

GUPTA, J.:- The appellant was one of the eight contestants from Mat Constituency No. 365 in District Mathura in the Uttar Pradesh Legislative Assembly elections held in 1974. February 24 and 26, 1974 were the dates when poll was taken and the result was declared on February 28, 1974. The first respondent who was sponsored by Bhartiya Kranti Dal, it will be referred to as B. D. hereinafter, was elected securing 33565 votes. The appellant who came next was a nominee of the Congress party; he polled 20731 votes, 12834 votes less than the successful candidate. On April 14, 1974 the appellant presented an election petition in the Allahabad High Court calling in question the election of the first respondent alleging that he was guilty of adopting corrupt practice within the meaning of sub-sections (2), (3) and (3A) of Section 123 of the Representation of the People Act, 1951. The first respondent in his written statement denied all the allegations. The High Court held that the election petitioner had failed to prove the charge of corrupt practice alleged against the successful candidate and dismissed the election petition. The election petitioner challenges the correctness of the