JUDGMENT

FAZAL ALI, J.:— This election appeal is directed against a judgment dated December 28, 1982 of the single Judge of the Himachal Pradesh High Court, who was assigned as an election Judge under the provisions of the Representation of the People Act (hereinafter referred to as the Act). The appeal arises out of an election to the Himachal Pradesh Legislative Assembly from the Simla Constituency. The poll was held on May 19, 1982 and the result was declared on May 21, 1982 whereby the appellant was declared elected by a margin of 2945 votes. The respondent. Anand Sharma filed an election petition in the High Court challenging the election of the appellant on the around that he (appellant) was guilty of indulging in several corrupt practices as envisaged by the provisions of the Act. The High Court after going through the entire evidence of the parties and considering the documents, came to the conclusion that the allegations of corrupt Practices against the appellant were fully proved and accordinally set aside his election, hence this appeal to this Court by the elected candidate Daulat Ram Chauhan. We may also mention here that two other candidates, besides others. K. D. Bat