Judgment

SHINGHAL, J.:- These two appeals are directed against two orders of the Kerala High Court dated Dec. 21, 1977, in the election petition of respondent P. J. Antony, an elector of the Palai constituency (No.94) of Kerala Legislative Assembly. P. J. Antony challenged the election of K. M. Mani in the general election of 1977 and prayed for a declaration that the other candidate N. C. Joseph, respondent No.2, had been duly elected in that election. The High Court held that K. M. Mani "obtained and procured the services" of Joseph Thomas, a police officer, "in furtherance of the prospects of his election", and a corrupt practice was committed under sub-s. (7) of S.123 of the Representation of the People Act, 1951, hereinafter referred to as the Act. It therefore declared K. M. Manis election from the constituency to be void, with costs, but rejected the prayer for directing N. C. Joseph to have been elected. It made a separate order the same day naming K. M. Mani and Joseph Thomas as the persons who were guilty of the corrupt practice. While K. M. Mani has filed appeal No. 99 of 1978 and will hereafter be referred to as the appellant, Joseph Thomas has filed appeal No. 79 of 197