Judgment

DUA, J.: - Mangi Lal Joshi has appealed to this Court under Section l16-A of the Representation of the People Act 43 of 1951 (hereinafter called the Act ) from the judgment and order of the Madhya Pradesh High Court (Indore Bench) dismissing his election petition under Section 81 of the Act challenging the election of respondent No. 1 Krishnaji Rao Pawar, an ex-Ruler of the erstwhile Dewas Senior State, to the Legislative Assembly of Madhya Pradesh from the General Dewas Assembly Constituency No. 256 in the bye-election held in June 1968. This seat had fallen vacant on account of the death of Shri Hattesing, the successful candidate from this constituency in the General Elections held in February 1967. The appellant had contested the election on the ticket of the Indian National Congress whereas respondent No. 1 had contested it as an independent candidate. The charges on which the appellant s learned counsel has concentrated before us relate to :-

(i) the alleged corrupt practice of publication of false statements relating to the personal character and conduct of the appellant;

(ii) the incurring of election expenses in excess of the prescribed limit; and

(iii) the alleged disqualifications of the respondent on the ground that he had a subsisting contract with the State within the contemplation of Section 9-A of the Act. The charge of bribery pressed in the High Court was not re-agitated in this appeal.

2. The first point canvassed before us relates to the alleged corrupt practice of publication of false statement of fact in relation to the personal character or conduct of the appellant as contemplated by Section 123, sub-section (4) of the Act. Arguments on this point were confined to sub-issues (a), (b), (c), (d), (e), (f) and (g) of issue No. 5 and the relevant sub-issues of Issue No. 6. The aforesaid sub-issues of Issue No. 5 covered the plea contained in paragraph 13 (b) (i) of the election petition. It was averred in that sub-para that at a public meeting held at about 8 P. M. on June 13, 1968, at Jawahar Chowk at which the returned candidate was present, Abdul Rehman Talib of Dewas, Kanhaiyasingh Thakur of Dewas, Kr. Virendrasingh, Deputy Minister of Labour Government of Madhya Pradesh and Khasherao Ghorpade of Dewas, in the course of their speeches, made statements relating to the personal character and conduct of the petitioner appellant which were false and which the speakers and the returned candidate either believed to be false or did not believe to be true and those statements were reasonably calculated to prejudice the petitioner / appellant s prospects of election. Abdul Rehman Talib was alleged to have said :-

"No votes should be given to such Congress Candidate who has misappropriated the money."

Kr.Virendrasingh was imputed the following statement :-

"I have come from Labour Colony. Water tank is lying empty. All the money of water subscription has been misappropriated by Congress candidate INTUC, Mangilal Joshi. The workers will not vote for him." Kanhaiyasingh Thakur was stated to have said :-

"The workers subscription has been misappropriated by INTUC Joshi. There is also a case pending against him in Court."

Khasherao Ghorpade was alleged to have said:-

"No votes be given to the corrupt candidate of Congress who has misappropriated workers subscription money ..................."

3. The relevant parts of Issue No. 6 cover the plea contained in para. 13 (b) (ii) of the election petition. The controversy covered by this issue which now survives is confined to the statements alleged to have been published in the issue of the weekly Ranchandi dated June 16, 1968. From that issue the following extracts published in connection with the election in question were relied upon by the appellant in support of the allegations of the corrupt practice:

"Voters beware of Joshi misappropriator of the workers subscription."

"Corrupt Congress candidate Mangilal Joshi."

"Appeal to remain careful of the misappropriator