only be challenged on the ground that he is guilty of corrupt practice and that it is not permissible in such a petition to urge ... votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained sufficient number of valid votes to have
down, in mandatory terms, that
where an election petitioner alleges any corrupt practice, the election petition
shall also be accompanied by an affidavit ... Form 25, of the
conduct of Election Rules, the allegations of corrupt practice made in the election
petition are not supported by the otherwise defective
such election. Then, there is an Explanation which
defines what is corrupt practice. Mr. Gorwadkar submits that the
legislature has advisedly not inserted the word ... reason of a
material irregularity in the election proceedings
corrupt practice, or any other thing materially
affecting the result of the election, any person
enrolled
opinion -
X X X X X
(b) that any corrupt practice has been committed by a returned candidate or his election agent ... been materially affected -
X X X X X
(ii) by any corrupt practice committed in the interests of thereturned candidate by a person other than
better performance in the election. Therefore,
the elections are vitiated by corrupt practices and particularly the one
enlisted in Section ... sought to be set aside but this is no pleading of corrupt practice in law.
The manifesto of a party cannot be made a basis
agents and other persons working for him were guilty of certain corrupt practices as defined in Section 123 of the Act.
6. The allegations ... paragraph 6 of the petition, the petitioner staled his case regarding corrupt practices as follows:
"In the course of the propaganda carried
filed written statement (Exhibit-7), denying all the allegations of corrupt practices made in the petition.
8. Application (Exhibit-9) has been filed on behalf ... that separate affidavit was required in respect of the allegations of corrupt practices and accepted the Election Petition.
[b] The objection was raised first time
that a candidate has, for the purpose of election,
committed a corrupt practice within the meaning of
sub-section (6) (or submitted a false claim ... shall be reckoned as valid if the Judge finds
that any corrupt practice was committed by any
person, known or unknown, in giving or obtaining
filed the present petition challenging the election on the ground of corrupt practices alleged to have been committed by the respondent.
3. The respondent ... filed a written statement denying all the allegations of corrupt practices. In addition to this he has alleged that the petition
doing so respondents Nos, 1 and 2 have committed a corrupt practice under Section 123(6) of the said Act. In the written statements filed ... offences. Section 123 deals with corrupt parctices and the relevant portion of the said section reads thus:
"Corrupt practices:-- The' following shall
