G. C. DAS, J.

( 1 ) THIS appeal under Section 116a of the Representation of the People Act (Act No. 43 of 1951) (hereinafter referred to as 'the Act') is directed against an order or shri B. C. Das, sole member of the Election Tribunal, Berhampur (Ganjam), dated 8-1-1958, dismissing the appellant's petition challenging the election of the returned candidate (respondent) to the Orissa State Legislative Assembly on grounds of corrupt practices of bribery, undue influence by threat and intimidation, systematic appeal in the name of religion and the use of religious symbols and publication of several pamphlets on grounds of religion and community, containing false statements of fact affecting the personal character and conduct of the petitioner which he either believed to be false or did not believe to be true.

( 2 ) THE appellant and the respondent were the only two Candidates who contested the last general election held on 12-3-1957, from the Omerkote Constituency in the District of Koraput. In the aforesaid election the petitioner-appellant secured 6679 votes whereas the respondent", the returned candidate, secured 7190 votes. Thus, the difference was only 511. The appellant, admi