Judgment

GUPTA, J. :- This is an appeal under Section 116-A of the Representation of the People Act, 1951. By our order made on May 14, 1976 we allowed this appeal setting aside the Judgment of the High Court and dismissing the election petition without any order as to costs adding that the reasons for our decision will follow. The following paragraphs contain the reasons.

2. The appellant was elected to the Barwaha Assemebly Constituency No. 267 of the Madhya Pradesh Legislative Assembly. Poll was taken on March 8, 1972 and the result was declared on March 12, 1972. There were only two contestants, appellant Amolakchand Chhazed who was a nominee of the Congress party and the second respondent before us. Vimalchand Jain, sponsored by Bhartiya Jan Sangh. The appellant was declared elected having secured 30295 votes, the second respondent polled 15620 votes. One Bhagwandas, a voter in that constituency, filed an election petition in the High Court of Madhya Pradesh asking for a declaration that the appellants election was void on the ground of corrupt practices described in paragraph 7 of the election petition. A rather unusual feature of this case is that at the stage when the parties