Judgment

GAJENDRAGADKAR, C.J.I. :

The short question of law which arises in this appeal by special leave is whether by publishing and distributing a poster (Ext. P-10) in furtherance of his election, the appellant Kultar Singh has committed a corrupt practice under S. 123 (3) of the Representation of the People Act, 1951 (No. 43 of 1951) (hereinafter called the Act ). The Election Tribunal which tried the election petition filed by the respondent Mukhtiar Singh challenging the validity of the appellant s election, as well as the High Court of Punjab which heard the appellant s appeal against the decision of the Election Tribunal have answered this question against the appellant. Accordingly, the election of the appellant has been declared to be void. Mr. Setalvad for the appellant contends that the view taken by the Election Tribunal and the High Court is based on a misconstruction of the impugned pamphlet.

2. The appellant was elected to the Punjab Legislative Assembly from the Dharamkot Constituency and he defeated his nearest rival, the respondent, by a margin of nearly 8,000 votes. The appellant had stood for election on the Akali Dal ticket, while the respondent had been officia