Judgment

BOSE, J. : This is an appeal from a decision of the Election, Tribunal of Gwalior in which the petitioner, an elector, sought to set aside the elections of the appellants (respondents 1 and 2 to the petition) who were the successful candidates.

The constituency is Bhilsa, a double member constituency in Madhya Bharat. The petitioner seems to have been fighting on behalf of the 6th and 7th respondents to the petition because one of his prayers is that they be declared to have been duly elected in place of the appellants (respondents 1 and 2). The petitioner succeeded and the Tribunal declared the elections of the two appellants to be void and further declared that the 6th and 7th respondents had been duly elected.

2. We will first consider that part of the decision which declares the election of the two appellants to be void.

3. The Tribunal finds, among other things, that the appellant No. 1 (1st respondent\) published certain pamphlets which contain statement listed as (a),(b), (c) ,(e), (f) and (g) by the Tribunal. The Tribunal holds that these statement are false and that the 1st appellant (1st respondent) did not believe them to be true. It also holds that these statements