JUDGMENT

UNTWALIA, J.:— This is an appeal under S. 116-A of the Representation of the People Act , 1951 - hereinafter called the Act , by a person who was elected from Mehemadabad Constituency, District Kaira at the general elections held in June, 1975 to the Gujarat Legislative Assembly. The first respondent in this appeal is the election petitioner at whose instance the election of the appellant was set aside by the Gujarat High Court. Respondents 2 to 6 are the unsuccessful candidates at the said election. The appellant was impleaded as respondent No. 1 in the election petition. Respondents 2 to 6 were respondents 2 to 6 in the election petition also. The appellant contested the election as an Independent candidate and out of the unsuccessful candidates, respondent No. 3 was a candidate set up by the Congress Party then known as the Ruling Congress. The election petition to all intents and purposes seems to have been filed at the instance and for the benefit of respondent No.3.

2. The polling took place on the 8th of June, 1975. The results were declared on the 12th June, 1975. The appellant was declared elected to the Gujarat Assembly from the Constituency aforesaid. Election Pe