Judgment

FAZAL ALI, J.:- This election appeal is directed against a judgment dated April 10, 1980 of the Patna High Court setting aside the election of the appellant mainly on the ground that he had been found guilty of indulging in corrupt practice in the election held on 10-6-77 to the Bihar Legislative Assembly from 241-Goh Assembly constituency. The result was announced on 16-6-77 in which Ram Sharan Yadav (appellant), a candidate sponsored by the Communist Party of India, was declared elected after polling 28,783 votes as against 16,458 votes polled by Thakur Muneshwar Nath Singh (the first respondent herein). An election petition was filed by the respondent in the High Court for setting aside the election of the appellant on the ground that he had indulged in corrupt practices as envisaged in S. 123(2) of the Representation of the People Act, 1951 (hereinafter referred to as the Act). The plea of the respondent found favour with the High Court which set aside the election of the appellant. Hence, this appeal to this court.

2. Several decisions of this Court have laid down various tests to determine a corrupt practice and the standard of proof required to establish such corrupt