JUDGMENT

VARADARAJAN, J.:—This election appeal is directed against the judgment of the Patna High Court dismissing Election Petition No. 4 of 1977 with costs of Rs. 1,000 The, appellant Dharmesh Prasad Verma, who is stated to have contested the election as Janata candidate had pleaded four items of corrupt practice in his election, petition filed, against the respondent Faiyazal Azam who is stated to have contested the election as a Congress-I candidate., The poll in this case was held on 12-6-1977 for the election of a member of the Bihar Legislative Assembly from No. 5. Sikta Constituency in West Champaran District, The appellant secured 1795 votes while the respondent secured 28324 votes and was declared elected on 15-6-1977. The election petition was filed on 18-7-1977. The Legislative Assembly was dissolved in 1980 and fresh election had been held in that year and the respondent is stated to have contested as a non-Congress-I candidate and to have been elected from the same constituency. The appellant is, however, interested in pursuing this election petition relating to the election of the year 1977 in order to prove corrupt practice on the part of the respondent.

2. Mr Shanti