Judgment

J.S. VERMA, J.

(1) THESE are appeals under Section 116-A of the Representation of the People Act, 1951 (for short "the R.P. Act") by the returned candidate Professor Ramchandra G. Kapse whose election has been declared void, and by the two noticees Pramod Mahajan and Sadhvi Reethambara who have been named under Section 99 of the R.P. Act for committing certain corrupt practices on the ground of which the returned candidates election has been set aside. At the election held on 15/6/1991, Professor Kapse was the BJP candidate for the Lok Sabha from the Thane Parliamentary Constituency and he was declared elected on 17/6/1991 having polled 3,02,928 votes against 2,74,611 votes polled by the respondent who was the Congress (1 candidate. On 1/8/1991, the election petition was filed by the respondent for setting aside the election of Professor Kapse on the ground of certain corrupt practices. By the impugned judgment dated 15/4/1994 in Election Petition No. 6 of 1991, Ashok Agarwal, J. of the Bombay High court has declared the election of Professor Kapse to be void on the ground under Section 100(l)(b), and named the noticees Sadhvi Reethambara and Pramod Ma