( 1 ) THIS is an appeal under Section 116-A of the Representation of the People Act, 1951, by Shri Krishna Kumar, against an order of the Election Tribunal, Kota, declaring void his election to the Rajasthan Legislative Assembly from the Kota city Assembly Constituency and holding him guilty of the corrupt practice mentioned in Section 123 (5 ). The appeal is contested by the respondent Shri krishna Gopal who had filed the election petition to challenge Shri Krishna Kumars election. Shri Krishna Gopal is an elector of the constituency who had worked for the furtherance of the prospects of the Congress candidate Shri Rameshwar Dayal in the election. The candidature of Shri Krishna Kumar was sponsored by the Jan sangh party. The votes polied by the contesting candidates at the polling which took place on 22nd February 1962 were as follows : 1. Shri Krishna Kumar, Jan Sangh 11,886 shri Rameshwar Dayal, 2. 9,414 congress 3. Shri Purshottam Das, Socialist 6,261 4. Shri Abdul Gaffor Khan, Seerat 2,786 committee (Independent)Shri Satya Prakash, 5. 2,057 independent shrimati Nagangi Devi, 6. 500 independent in the petition it was alleged that the petitioner was guilty of corrupt pr