Judgment

FAZAL ALI, J.:- Civil Appeal No. 1321 of 1979 has been filed by the appellant who was a candidate in the 1978 elections from Andhra Pradesh and had been successfully elected to the Legislative Assembly of the State from Bapatla Constituency No. 98. The respondent, who is the election petitioner and also one of the candidates who lost the election, filed an election petition before the Andhra Pradesh High Court challenging the election of the appellant mainly on three grounds; firstly that the appellant indulged in corrupt practices inasmuch as he took the assistance of a Tahsildar in promotion of his election prospects; (2) That the appellant at the time of filing his nomination papers held an office of profit under the Government and therefore was disqualified from fighting the election; and (3) it was alleged by the petitioner that there were number of irregularities and infirmities in the counting of the votes and therefore if the votes were recounted, the election petitioner would have succeeded and hence he should be declared duly elected.

2. The High Court after taking the evidence and hearing the counsel for the parties found the first two grounds namely; corrupt prac