( 1 ) THE petitioner filed his nomination paper claiming to be an agriculturist for election as Member of Krishi Upaj Mandi Samiti, Banapura His nomination paper was accepted. He contested the election and was duly elected. Voter Kailash, son of Mathura Prasad filed an election petition questioning the petitioner's election on the ground inter alia that the petitioner was not 'an 'agriculturist' within the meaning of S. 2 (b) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam (hereinafter referred to as the 'act') as he was engaged in doing cloth business as a partner with his brothers. The heard the election petition found that the petitioner was a partner in a Firm which still exists and carries on cloth business. For this conclusion certain circumstances apart from oral testimony have been relied upon. Petitioner's statement that he was a partner in a Firm which was engaged in cloth business has also been taken into consideration. On this finding, it has been held that the petitioner was not entitled to contest the election as an agriculturist. Shri Jain, learned counsel for the petitioner urged that in view of the definition of the term 'agriculturist' contained