Judgement

SHAH, C.J.I. : - In compliance with our Order D/- 13-3-1970* the High Court issued a notice to Shukla. Shukla submitted his reply contending, inter alia, that he did not publish or cause to be published the offending statements in the newspaper Mahakoshal as alleged by Sharma In paragraph 1 he submitted that :

* Reported in AIR 1970 SC 1477.

"He learnt about their publication only after and during the pendency of the election petition for declaration of the election of Shri D P. Mishra as void. The person in sole charge of the newspaper was Shri Vishnudatta Mishra Tarangi whose name has been printed as the Editor. The declaration under Rule 8, Form VI prescribed under the Press and Registration of Books Act (No. XXV of 1867) for the year 1963 shows that the said Shri Vishnudatta Mishra Tarangi and not the opposite party (Shukla) was the editor at the material time. x x x x At the time of his appointment the said Shri Vishnudatta Mishra Tarangi had insisted that there would be no interference by the opposite party (Shukla) in the conduct of the newspaper".

2. Several witnesses were examined before the High Court in support of the case that Shukla was instrumental in publ