Judgment

ALAGIRISWAMI, J.:- In the election to the Andhra Pradesh Legislative Assembly from the Chennur constituency held on 5th March 1972, the appellant was the official Congress candidate and the respondent an independent candidate though both belonged to the Congress Party. The respondent obtained 25,654 votes as against 23,940 votes obtained by the appellant and was declared elected. Thereupon the appellant filed an election petition which was dismissed by the Andhra Pradesh High Court. This appeal is against that decision.

2. Though a number of corrupt practices were alleged in the election petition the only one pressed before this Court was that relating to the distribution of a pamphlet defamatory of the appellant falling under Section 123 (4). That leaflet marked Ex. A-1 purports to have been issued by the Yuvajana Congress, Thorrur. It does not bear the name of the printer or the publisher. But the allegation in the election petition was that it was published by the respondent and his agents throughout the constituency. In Schedule I to the election petition were given the names of villages where the distribution was made, the persons who distributed, the date of distributi