P.N.SHINGHAL, J.

(1) CIVIL No. 775 of 1975 has been filed under S. 116A of the Representation of People Act, 1951, hereinafter referred to as the Act, by Balwan Singh whose election to the Uttar Pradesh Legislative Assembly from the Sarwan Khera constituency at the general election of 1974, has been set aside by the Allahabad High court by its judgment dated 9/04/1975. The appellant has been held guilty of committing a corrupt practice under S. 123(5) of the Act, and has been disqualified for a period of six years. His election was challenged on several grounds by an election petition filed by respondents Prakash Chandra and Jai Chandra, hereinafter referred to as the election petitioners, who were electors of the constituency. There were several candidates at the election, but the main contestants were appellant Balwan Singh of the Bhartiya Kranti Dal (BKD) who secured 34,968 votes, and Raghunath Singh, respondent No. 2 of the Congress (R) party who secured 31,008 votes. Appeal No. 1107 of 1975 is by election petitioner Prakash Chandra for setting aside the judgment on issues decided against the election petitioners.

(2) THE allegation regarding the co