JUDGMENT

S.RATNAVEL PANDIAN, J.:—The appellant was one of the 11 contestants from Niwadi Legislative Assembly Constituency No. 34 of Madhya Pradesh Vidhan Sabha. The election was held in the months of February/ March, 1985, the polling date of which was on 2-3-1985. The appellant was a nominee, of the Janata Party. The first respondent was sponsored by the Congress Party. As the first respondent had secured majority of votes i.e. by a margin of 5,000 votes over and above his next rival candidate, namely the appellant herein the first respondent was duly declared on 6-3-1985 as successfully elected.

2. The appellant presented an election petition in the High Court of Madhya Pradesh at Jabalpur, calling in question the election of the first respondent alleging that the first respondent was guilty of adopting corrupt practices within the meaning of subsecs. (2), (3) and (3A) of S. 123 of the Representation of the People Act, 1951 (hereinafter referred to as the Act). It is hardly necessary to stress that the pleadings were traversed and denied by the first respondent in his statement. The High Court dismissed the election petition and hence by this appeal under S. 116A of the Act the a