Judgment

SUBBA RAO, J. :

The appellant, Shepat Singh, and two others, namely, Ramchander Chowdhary and Surja Ram, contested the election for a seat in the Rajasthan Legisaltive Assembly from Hanumangarh constituency. The appellant polled 31,501, Ramchander Chowdhary, 18,217, and Surja Ram, 1285 votes. The appellant was declared elected. The respondent, one of the electors, filed an election petition under S. 81 of the Representation of the People Act, 1951, hereinafter called the Act, for setting aside the election of the appellant on various grounds. The Election Tribunal, by its order dated June 18, 1963, held that the respondent had failed to substantiate the allegations made against the appellant and, on that finding, dismissed the petition. Against the said order, the respondent preferred an appeal to the High Court of Judicature for Rajasthan at Jodhpur. A Division Bench of that Court heard the appeal and came to the conclusion that the appellant was guilty of a corrupt practice under sub-s. (4) of S. 123 of the Act in publishing a poster, Ex. 3, which contained a statement of fact about the personal character and conduct of Ramchander Chowdhary, one of the candidates in the el