Judgment

BHARGAVA, J.:- The appellant, Dev Kanta Barooah, was declared elected at the last General Elections to the Legislative Assembly of Assam in 1967, defeating the four rival candidates who are respondents 1 to 4 in this appeal. Respondent No. 1, Golok Chandra Baruah, filed an election petition challenging the election of the appellant on various grounds, including a charge that false statements as to the personal character of respondent No. 1 had been published with the consent of the appellant, thus constituting a corrupt practice under Section 123 (4) of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"). This is the only ground which has been accepted by the High Court of Assam and Nagaland and the election of the appellant has been set aside on this ground. In this appeal, consequently, the only question that falls for decision is whether the High Court was right in setting aside the election of the appellant on the ground of corrupt practice having been committed within the meaning of Section 123 (4) of the Act. This corrupt practice was alleged by respondent No. 1 to have been committed by the appellant by publication of a leaflet which is,