Judgment

BACHAWAT, J.:- This appeal is directed against a judgment of a Single Judge of the Gujarat High Court setting aside the election of the appellant from the Banskantha Parliamentary constituency. At the last general election to the Lok Sabha from the Banskantha constituency in Gujarat there were three contesting candidates. The appellant, the Swatantra party candidate, secured 1,10,028 votes. Respondent No. 2, the Congress party candidate secured 1,05,621 votes. Respondent No. 3, an independent candidate secured 14,265 votes. The appellant was declared elected.

2. The election petition was filed by respondent No. 1, an elector in the constituency. Respondent No. 1 alleged a number of corrupt practices on the part of the appellant or his election agents, but at the trial, he pressed only the charge of corrupt practice under Section 123 (2) Proviso (a) (ii) of the Representation of the People Act, 1951. In the petition the charge was that several persons with the consent of the appellant or his election agents induced or attempted to induce the electors to believe that if they voted for the Congress Party candidate they would become the objects of divine displeasure and spiritua