DWARKA PRASAD, J.— This matter has come before us on a reference made by a Division Bench of this Court and arises out of an appeal filed under Section 18 of the Rajasthan High Court, Ordinance, 1949.

2. The appellant Ramdhan was declared elected as a Member of the Rajasthan State Legislative Assembly from the Ladnu Legislative Assembly Constituency on June 1, 1980. The respondent Bhanwarlal claiming himself to be an elector of the Ladnu Constituency presented an election petition in this Court on July 14, 1980 alleging that Ramdhan was guilty of corrupt practice specified in Section 123(7) of the Representation of the Peoples Act, 1951 (hereinafter referred to be as the Act ), on account of his incurring expenditure in contravention of the provisions of Section 77 of the Act . According to the petitioner Bhanwarlal, the expenditure incurred by the returned candidate Ramdhan, in connection with the aforesaid election, exceeded the maximum limit authorised to be incurred by the notification dated November 29, 1979. However, no prayer was made in the election petition filed by Bhanwarlal. The election petition was supported by an affidavit of Bhanwarlal petitioner stating that he has

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