( 1. ) THIS appeal under Section 116-A of the Representation of the People Act, 1951, (hereinafter described as the Act) arises out of an election petition filed by the appellant-petitioner Habib Bhai challenging the validity of the election of the first respondent Pyarelal on several grounds. The appellant is an elector in the Barpali Constituency and the election which had led to the-present petition was held in the month of February 1962 for the Madhya Pradesh Legislative Assembly from the said Constituency. As a result of the election, the first respondent was declared: duly elected. He secured 5,671 votes. On recounting of votes made under the direction of the Tribunal, he was found to have secured 5,662 votes. The third respondent Banwarilal was his nearest rival. He was declared to have got 4,716 votes. On recounting, this number increased by five votes. The result remained unchanged.

( 2. ) THE appellants case is that the election of the first respondent Pyarelai was invalid inasmuch as he had practised corrupt practices at the said election. He prayed that the election of the first respondent be declared void and that the third respondent who had secured the next