( 1 ) IN this application under Articles 226 and 227 of the Constitution, the question for consideration arises, upon what the Election Tribunal, Raipur, determined in regard to a preliminary objection of the petitioner to the election petition filed by the respondent No. 1 challenging the petitioner's election to the State Legislative assembly from Kasdol constituency.

( 2 ) THE relevant facts are these. The petitioner was duly etected to the M. P. State legislative Assembly at a bye-election held in May rg63 from Kasdol constituency. The respondent No. 1, who was defeated at the election, filed an election petition praying that the petitioner's election be declared void as the petitioner was guilty inter alia of having committed certain corrupt practices enumerated in the petition. To support the allegations of corrupt practices and the particulars thereof the respondent No. 1 filed an 'affidavit' along with the election petition. In his reply to the petition, the. applicant raised the preliminary objection that the proviso to section 83 (1) of the Representation of the People Act, 1951, (hereinafter referred to as the Act) required that if allegations of any corrupt