Judgment

CHANDRACHUD, J.:- In the general elections to the Rajasthan Legislative Assembly held in March 1972 from the Ganganagar Constituency, the respondent who was sponsored by the Sanyukt Socialist Party defeated the appellant, a Congress (R) candidate, by over 22000 votes. The appellant filed Election Petition No. 5 of 1972 in the Rajasthan High Court challenging the election of the respondent on the ground of corrupt practices committed by him and his election agent Bhagirath Singh. The petition having been dismissed the election petitioner has filed this appeal under Section 116-A of the Representation of the People Act, 1951.

2. We are concerned in this appeal with two corrupt practices said to have been committed by the respondent. It is alleged, firstly, that a pamphlet (Ex. 1) was distributed by the respondent and his election agent in a meeting held on February 23, 1972 at Nehru Park, Ganganagar. The second corrupt practice alleged against the respondent is that several copies of a 2 weekly newspaper called "Patal Shakti" dated February 27, 1972 containing a scurrilous editorial were distributed by the respondent and his election agent at a meeting of the Socialist Party h