Allegations of electoral corrupt practices must be proven beyond reasonable doubt, similar to criminal charges, with specific and clear evidence detailing the nature and occurrence of such practices.

1. The primary relief sought in this petition is to declare the election of returned candidate Bhojraj Nag who was declared elected in the by - election of Chhattisgarh State Legislative Assembly Area No.79 of Antagarh Constituency as held on 13.09.2014.

2. The instant petition is under S.80 & S.80 - A read with S.81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act of 1951). The grounds which are urged in this petition are that respondent No.1 has resorted to corrupt practice thereby the result of election is liable to be set aside.

3. The brief facts of the case are that initially in the year 2013, the general election to the Antagarh Legislative Assembly was conducted by the Election Commission. The present election petition is concerned with the result of by - election of Legislative Assembly Area no.79 of Antagarh Constituency held on 13.09.2014. After the initial election of 2013, the returned candidate who was elected in the year 2013 had vacated the seat therefore new notification for election was issued. The election commission thereafter issued notification on 20.08.2014 to conduct by - election for the Antagarh Constituency and the following dates were fixed for conducting the election :

4. After the result of polling, respondent no.1 was declared as returned candidate.

5. (i) Mr. Sudeep Verma, learned counsel appearing on behalf of the petitioner would submit that as per the election programme, the last date of withdrawal of candidature was on 30.08.2014 and out of 13 candidates who had filed their nominations, 11 had withdrawn their candidatures. The petitioner belongs to Ambedkarite Party of India and the respondent returned candidate belongs to Bhartiya Janta Party. It is stated that in order to pressurize withdrawal of the candidates who were 11 in number, undue influence and pressure tactics were adopted by the respondent returned candidate. It is stated that the petitioner was also approached and request was made to him for withdrawal of his candidature through mobile of one Omprakash Gupta and money was offered but the petitioner did not accept the same.

(ii) It is further stated that during such conversation it was also disclosed that the candidature of Indian National Congress has withdrawn his candidature by use of undue influence and by payment of money, therefore, the corrupt practice was adopted by the respondent. It is further submitted that the petitioner had visited various polling booths on the date of polling on 13.09.2014 and it was found that different voters were carried to the polling booths in different vehicles. It was stated that having enquired, it was revealed that the voters were being brought to the polling stations at the behest of respondent no.1 and in lieu of thereof amount was paid by respondent No.1, therefore, the same also amounts to corrupt practice. Further, it is submitted that free supply of fruits was made to the voters apart from various means of conveyance used to carry the voters to the polling booths.

(iii) Referring to the pleadings and statements, learned counsel would submit that the oral evidence