K.S.HEDGE, J.

(1) THIS is an election appeal under Section 116®A of the Representation of the People Act, 1951. It relates to the miderm election in 1969 to the U. P. Legislative Assembly from Rajpur constituency in the District of Kanpur. The poll took place on 5/02/1969. Five candidates contested the election. The appellant stood as an independent. Ram Dulare Misra, respondent No. 2 in this appeal, was the Congress nominee. The contest was mainly between the appellant and respondent No. 2. The appellant was declared elected having secured 36, 997 votes as against 22,198 votes secured by Misra. The election of the appellant Was challenged by respondent Onkar Nath, a voter in the constituency on various grounds. The High court set aside the election of the appellant on the ground that he was guilty of corrupt practices under Section 123(3) of the Representation of the People Act, 1951. The High court held thaft the appellant was guilty of appealing to the voters to vote for him on the ground of his caste and refrain from voting to Misra on the ground that he was a Brahmin. The other grounds alleged against the election of the appellant were negatived by the High court. Hence in this appeal we are only concerned with the correctness of the findings of the High court that the appellant was guilty of corrupt practices under Section 123(3).

(2) THE appellant was elected to the U. P. Legislative Assembly in the General Election in 1967 on the S. S. P. ticket. He was the Finance Minister in the U. P. government when the S. V. D. was in power. The allegation of Onkar Nath is that after the fall of the S. V. D. government the appellant formed an association called "Arjak Sangha". It was a communal organisation. The membership of that association was confined to those who are born in the so called lower castes like Kurmi, Yadava, Kori, Chamar, Mallah, Gadaria and Harijans. The activities of that Sangha were primarily directed for the consolidation of these castes as against the upper classes in general and Brahmins in particular. It was said that this Sangha under the guidance of the appellant carried on virulent propaganda against the Brahmins before the election, during the election as well as thereafter. According to the allegations contained in the election petition, respondent No. 2 was the brain behind this Sangha and its principal spokesman. It is also alleged that during the election the appellant as well as B. P. Maurya spoke at several election meetings hurling abuses against the Brahmin community, highlighting the exploitation by that community in the past and requesting the voters not to vote to Misra who was a Brahmin but to cast their votes to the appellant who is a Kurmi. In support of this plea several witnesses have been examined on behalf of the first respondent. Evidence was also led to show that the principal objective of Arjak Sangha was to denounce the Brahmins and Brahminism. The constitution of the Arjak Sangha was placed before the court to demonstrate the antirahmin objective of Arjak Sangha. Several pamphlets published by Arjak Sangha after the election wherein Brahmins and Brahminism had been assailed were placed before the court. It was said that one of the slogans raised during the election was "Brahmin Bania Lala Inka Munh Ker do Kala". Evidence was also led to show that security proceedings had been initiated against some of the supporters of the Arjak Sangha at about the time of the election for preaching hatred against Brahmins and thus creating tension in certain localities. Apart from this general evidence adduced to show the anti Brahmin activities of the appellant and his supporters before the election, at the time of the election and after the election) evidence was also led to show that appeals were made at certain meetings not to cast votes to Misra as he was a Brahmin and that votes should be cast in favour of the appellant on the ground that he belongs to a lower c