BARMAN, J.

( 1 ) THE election to the Orissa Legislative Assembly of the Respondent Chittaranjan naik from Binjharpur constituency in the mid-term election held in June, 1961 was challenged by the petitioner (appellant herein) Bankabehari Das, one of the defeated candidates, on several grounds stated in the election petition.

( 2 ) OUT of the numerous grounds on which the election of the respondent was challenged, the peti-tioner confined himself to only a few grounds so far as this appeal is concerned. The only grounds on which the petitioner relies herein are shortly stated these ; that the respondent was disqualified for the membership of the; State Legislature under Section 7 (e) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) by reason of his having been the Managing Director of kalinga Foundry Ltd. at Dhenkanal in the district of Cuttack in which the government of Orissa is said to have majority shares in the capital; that the respondent committed certain corrupt practices of bribery after the nomination and before the date of election --all as stated in the election petition. The petitioner confined himself to only three instances of alleg