The onus of proving the commission of a corrupt practice is not discharged on proof of mere preponderance of probability as in a civil suit, and it must be established beyond reasonable doubt by clear and unambiguous evidence. The circumstances must point unerringly to the conclusion and must admit of no other explanation, for a corrupt practice must be proved in the same way as a criminal charge.

1. These two appeals are directed against two orders of the Kerala High Court dated December 21,1977,in the Election Petition of respondent P.J.Antony, an lector of the Palai constituency (No 94) of Kerala Legislative Assembly P J. Antony challenged the election of K M. Mani in the general election of 1977 and prayed for a declaration that the other candidate M.C. Joseph, respondent No 2, had been duly elected in that election. The High Court held that K. M. Mani "obtained and procured the services" of Joseph Thomas, a police officer, "in furtherance of the prospects of his election" and a corrupt practice was committed under sub-s.(7) of S.123 of the Representation of the People Act, 1951, hereinafter referred to as the Act. If therefore declared K. M. Mani's election from the constituency to be void, with costs, but rejected the prayer for directing N.C. Joseph to have been elected. Ft made a separate order the same day naming K. M. Mani and Joseph Thomas as the persons who were guilty of the corrupt practice. While K. M. Mani has filed appeal No. 99 of 1978 and will hereinafter be referred to as the appellant, Joseph Thomas has filed appeal No. 79 of 1978.

2. Polling at the election was held on March 19,1977, and the result was declared on March 20. The appellant obtained 39,664 votes, N. C. Joseph, who was nearest rival at the election, obtained 24,807 votes and the other defeated candidate Joseph Cheriyan obtained 521 votes.

3. The appellant was a Roman Catholic and was working as the Finance Minister of the Kerala Government at the time of the election. He was the candidate of the Kerala Congress, which had entered into some sort of an election alliance with some other parties. N. C. Joseph, who was also a Roman Catholic, was an independent candidate. The contest was thus between Roman Catholics.

4. The election of the appellant was challenged with the allegations that he had committed corrupt practices under sub-sections (I), (2), (3), (4) and (7) of S.123 of the Act. But the election petitioner did not even allege the ground for the commission of any corrupt practice under sub-section (4) and did not press his case in regard to the commission of the corrupt practice under sub-section (3) of S.123. It is also not in controversy that he did not find it possible to prove his allegations under sub-sections (1) and (2). The trial court however found that the appellant had committed a corrupt practice under sub-section (7) of S.123 and, as has been stated, it named him and Joseph Thomas as the persons who bad been proved at the trial to be guilty of that corrupt practice. We shall therefore confine ourselves to the question whether that corrupt practice was committed by the appellant and Joseph Thomas. In doing so we shall refer only to the pleadings and the evidence relating to it.

5. It was alleged in the election petition that a meeting of the priests of the various Parishes of the Roman Catholic Church within the area of the Palai constituency and "certain other leaders of the Catholic Community" was convened at the Bishop's bouse, Palai, on March 12,1977, at 8 p. m., which was presided over by the Bishop and was attended and addressed by Joseph Thomas who was an officer of the Indian Police Service and was posted as City Police Commissioner, Trivandrum. As the entire allegation in that respect has been stated in Para.5 of the election petition, it will be convenient to extract it here:

"S. The same meeting was attended and addressed by Shri Joseph Thomas, I. P. S., City Police Commissioner, Trivandrum. Addressing the meeting he exhorted the Parish Priests and leaders of Community assembled in that meeting to work for the success of Shri K. M Mani 1st respondent "as it was in the interest of the Church and Community. Shri Joseph Thomas went to Palai at the instance of 1st respondent-Minister's or with his consent and knowledge to assist the convening of the meeting of the Bishop and Priests for the furtherance of