Judgment

BHARUCHA, J.:- This is an appeal under the provisions of the Representation of the People Act, 1951, against the judgment and order of the High Court of Andhra Pradesh whereby the election of the appellant before us to the Andhra Pradesh Legislative Assembly from the Tanuku Assembly Constituency was declared void and set aside in view of the finding that he had committed the corrupt practice prescribed by Section 123(3) of the Act.

2. Section 123(3), inter alia, states that

"the appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion ........ or the use of or appeal to religious symbols for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any other candidate is a corrupt practice. "

3. The respondent, a candidate of the Telugu Desam Party, secured the largest number of votes at the said election, which was held on 22nd November, 1989. The High Court found that during the election campaign posters depicting N. T. Rama Rao, the leader of the Telugu Desam Party, in the role of Lord Kris