Shiv Dayal, J.

1. This is an appeal under Section 116A of the Representation of the People Act, 1951.

2. In the general elections of 1962, Bhagirati: Bilgaiya was returned to the M. P. Legislative Assembly from Bina

constituency. Rishabh Kumar, who was a rival candidate filed an election petition. The petitioner's case was that formerly

Bhagirath (appellant), Ramgulam Choubey and Brijkishore Pateria were members of the Congress. Being disgruntled, they left it

and became his strong opponents. In order to bring about his defeat in the election, they joined hands. They issued

cyclostyled pamphlets containing an appeal not to vote for a Jain but to vote for a Sanatan Dharmi Hindu and also containing

material calculated to promote feelings of hatreS between Jains and Sanatani Hindus. They also got printed" in a newspaper,

the joint resignation of Ramgulam, Brijkishore and another which contained false statements In relation to Rishabh Kumar's

personal character. The election was challenged on the grounds of bribery, undue influence, appeal to vote on the ground of

religion of community, promotion or attempt to promote feelings of enmity or hatred between Hindus and Jains on the g