Vaidialingam, J

(1) THIS appeal under S. 116-A of the Representation of the People Act, 1951 (hereinafter to be referred as the-Act) is from the order and judgment, dated 25/03/1970, of the Calcutta High court in election petition No. 1 of 1969, setting aside the election of the appellant from the 130-Jorabagan Assembly Constituency after declaring the same void. After hearing arguments in the appeal, we passed on February 9, 1971, the following order :

"THE appellant was a successful candidate in the mid-term election held in 1969 tor theJorabagan Assembly constituency. The first respondent herein filed election petition case No. 1 of 1969, in the High court of Calcutta for setting aside the election of the appellant on various grounds. But it is seen that at the stage of final arguments, the first respondents counsel gave up all allegations in the petition except those in Paragraphs 7(b)(1) and (2), 7(c) and (J), (k),(l) and(m). The learned Judge in his judgment under attack has held that the first respondent has not succeeded in proving the allegations made in Paragraphs 7(b)(1) and (2) and (c).

THE learned Judge, however, held that the appellant is