JUDGMENT

KHANNA, J.:—This is an appeal by Shiv Charan Singh against the judgment of the Rajasthan High Court whereby election petition filed by the appellant to question the election of Brijendra Pal Respondent from the Karauli constituency to the Rajasthan Legislative Assembly was dismissed.

2. The appellant and the respondent were the main candidates in the election to the Rajasthan Legislative Assembly from the Karauli constituency. The result of the election was declared on March, 12, 1972 and the respondent was declared elected. The appellant challenged the election of the respondent on the ground that the respondent and his election agent Jagdish Pal published and got published statements of fact in relation to the personal character and conduct of the appellant which were false and which they believed to be false or did not believe to be true and which statements were reasonably calculated to prejudice the prospects of the appellant s election. The second ground on which the election of the respondent was assailed was that the respondent and his election agent deliberately failed to maintain regular and correct account of expenses incurred by them in connection with the elect