( 1 ) THE first respondent-successful candidate has filed this I a. To reject the election petition, by which his election as m. l. a. is challenged by a voter alleging corrupt practice. The petition is filed along with the written statement,

( 2 ) THE grounds on which the rejection is sought necessitates reference to the allegations in the election petition and defences taken. Relevant facts, which have given rise to this challenge are; for the 90 varthur assembly constituency elections were held on 24th november, 1989. The relevant details are:

Total No. of Electors:

2,56,119

Valid votes polled:

1,44,182

Votes rejected:

6,495

Votes polled by R-1

(successful candidate Cong-I)

69,586

Votes polled by R-2 Janata Dal:

62,357

( 3 ) IN addition, there were 14 other candidates; votes polled by them is not of much significance. Respondent-1 was declared elected on 27th november, 1989. The success of first respondent is challenged on the ground that he has committed corrupt practice, which consist of following categories:-"corrupt practice of bribery:i) that he committed corrupt practice of bribery, coming within the purview of Section 123 (1)of the Act, 43/1951, the particulars of such corrupt practices are stated hereunder;ii) he also committed corrupt practices of undue influence as defined under sub-section (2) of Section 123;iii) publication of false statement in relation to the personal character and conduct of the janata dal candidate as defined in sub-section (4) of Section 123;iv) he also committed corrupt practice of obtaining or procuring the assistance of gazetted officers for furtherance of the prospects of his election. Illegality in violating the rules in conducting the election. In that, the third respondent-returning officer, changed the location of the polling booths and the voters attached to them after the process of election had been set in motion without notice. "

( 4 ) THE first respondent was a party candidate of Indian national congress, of which Sri Rajiv Gandhi was the president. At the relevant time, he was also the prime minister of the country. It is alleged that as congress president, rajiv gandhi furnished propaganda material by way of publication of news paper advertisements to all the party candidates soliciting votes. In addition, as president, he held out promises of huge financial help to the electorate on behalf of congress candidate. The details of the "financial help" are elaborated thus:"on 19th november, 1989, just five days before the actual date of poll, the prime minister and congress-i president rajiv gandhi, announced a Rs. 5,000/- crores scheme called "the indira mabila yojana" for the betterment of women. The announcement came on mrs. Indira gandhi's birth anniversary, just five days before the elections on 24-11-1989 in varthur assembly constituency. He had announced the major object of yojana would be to give financial assistance to the women for their betterment this announcement of "indira manila yojana" was widely published in all the national news papers and also regional language daily and weekly papers throughout the country. Wide publicity was given to this announcement in kannada papers in Karnataka and more particularly in varthur assembly constituency, where largely circulated kannada daily paper 'fraja'vani', 'kannada prabha' are read. The first respondent and his election agents, canvassing agents and other workers with his consent took full advantage of the above said announcement and canvassed in varthur assembly constituency and broadcast over loudspeakers and public platforms on all the days from 19th that women voters will be given Rs. 5,000/- each under indira mahila yojana, if women voters exercised their votes in favour of the first respondent-congress-i candidate, as announced by the prime minister of the congress-i. The petitioner submits that this announcement on the eve of election by the congress president rajiv gandhi, amounts to corrupt pra