JUDGMENT :

Chelameswar, J.

1. Leave granted.

2. General elections to the legislative assembly of Madhya Pradesh took place in the year 2013. On 8.12.2013, one Shri Ajay Arjun Singh (hereinafter referred to as the RETURNED CANDIDATE) was declared elected as a member of legislative assembly from 76 Churhat Assembly Constituency in the said election. On 20th January, 2014, challenging the declaration of said Ajay Arjun Singh, one of the contesting candidates Sharadendu Tiwari (hereinafter referred to as ‘the ELECTION PETITIONER’) filed an Election Petition No.1 of 2014 before the High Court of Madhya Pradesh.

3. The election of the RETURNED CANDIDATE was challenged on the grounds that the RETURNED CANDIDATE is guilty of commission of two corrupt practices falling under sub-sections (1) and (6) of Section 123 of the Representation of the People Act, 1951 (hereinafter referred to as ‘the RP Act’), i.e. (1) making appeal to the voters in the name of religion and bribery; and (2) incurring expenditure in contravention of Section 77 of the RP Act respectively.

4. Notice to the respondents in the Election Petition was ordered on 10th February, 2014. The RETURNED CANDIDATE was served [Admittedly