Judgment

ALAGIRISWAMI, J.:- The appellants are two voters of the Dakala constituency who challenged the election of the 1st respondent to the Puniab Legislative Assembly on many grounds out of which only the charge of corrupt practice under Ss. 123 (3) and 123 (3A) of the Representation of the People Act now survives for consideration. Respondents 2 and 3 are the unsuccessful candidates. The charge of corrupt practice is based on the publication of a pamphlet, about the nature of which there is no dispute and the contents of which are therefore unnecessary to be set out. It is admitted that if the publication of the pamphlet either by the successful candidate or his election agent or anyone else at the instance of either of them is proved the election has to be set aside.

2. The publication was sought to be proved by the evidence of C.W.1. the proprietor of the printing press where it was printed, C.W. 2 in whose name it was printed as well as of P.W, 2. The evidence of R.W. 5 was relied upon to prove that the pamphlet was sent to the Sub-Divisional Magistrate as required under S. 127A of the Representation of the People Act and received by her on the l2th March. Ext. P-W. 1/4 was pu