Judgment

AHMADI, J.:- The appellant filed an Election Petition No. 12 of 1985 in the High Court of Himachal Pradesh under Sections 80, 81, 100 and 101 of the Representation of the People Act, 1951 (hereinafter called the R.P. Act) challenging the election of respondent No. 1, Dev Raj Negi from Kinnaur (scheduled Tribe) Assembly Constituency to the Himachal Pradesh Legislative Assembly. The appellant and respondent No. 1 were the only two candidates in the field. The appellant contested the election as an independent candidate whereas respondent No. 1 was fielded as a candidate of the Congress (I) party. At the said election the total number of votes polled were 24, 536 out of which 834 were declared invalid. The appellant secured 10,843 votes while respondent No. 1 secured 12,859 votes. Respondent No. 1 was thus declared elected from the said constituency on 28th May, 1985 by a margin of 2,016 votes. The appellant alleges that respondents Nos. 1 and 2 jointly and severally committed certain corrupt practices by levelling accusations concerning him which were false to their knowledge and which they believed to be false. It is further contended that respondent No. 2 indulged in acts o