Judgment

HEGDE, J.:- This is an election appeal arising from a judgment of the Madras High Court. It relates to the Election to the Ariyankuppam Assembly constituency of the Pondicherry Legislative Assembly. The said election was held on March 9, 1969.In that election, the appellant as well as the respondent contested. The appellant was the Congress nominee and the respondent was the nominee of the D. M. K. after the counting of votes, the respondent was declared elected as having obtained 3774 votes as against 3758 obtained by the appellant. The appellant challenged the validity of the election of the respondent on various grounds. In his election petition he alleged that the respondent was guilty of canvassing votes on the basis of his caste, that he had bribed the voters, that the election was not conducted properly, that there was improper reception of void votes and lastly that he had incurred expenditure more than the prescribed limit. The charge of bribery was not pressed at the time of the trial. The other grounds pleaded on behalf of the appellant were rejected by the High Court and the election petition was dismissed.

2. After hearing the Counsel for the parties regarding t