JUDGMENT

Altamas Kabir, J.-Leave granted.

2. The Respondent No.1 herein, Shri Alok Mishra, contested the 2008 elections to the Madhya Pradesh State Assembly as a candidate of the Indian National Congress Party from Cantt. Legislative Assembly No.99 Constituency, Jabalpur. He was defeated in the elections by the Appellant herein as a candidate of the Bharatiya Janata Party. The said Respondent filed Election Petition No.22 of 2009, challenging the election of the Appellant on the ground of corrupt practice, as contemplated in Sub- Sections (1)(A) and (B), (2), (6) and (7) of Section 123 of the Representation of the People Act, 1951, hereinafter referred to as the “1951 Act”.

3. The grounds relating to corrupt practice, as alleged by the Respondent No.1 herein, inter alia, were to the following effect:

(i) as an Ex-M.L.A. and Ex-Speaker of the Vidhan Sabha and being a close associate of the Chief Minister of the State, the Appellant was able to exert undue influence on the Collector, the District Returning Officer and other authorities for procuring their assistance for the furtherance of his prospects in the elections;

(ii) that on 2nd November, 2008, when the Respondent No.1 was