Judgment

VERMA, J. - These appeals u/S. 116A of the Representation of the People Act, 1951 (hereinafter referred to as "the R. P. Act") are against the judgment dated 30th March, 1993 in Election Petition No. 2 of 1991 (E. V. alias Balasaheb Vikhe Patil v. Gadakh Yashwantrao Kankarrao and others) passed by A. A. Halbe, J. of the Bombay High Court at the Aurangabad Bench. By the impugned judgment, the election of Gadakh Yashwantrao Kankarrao as a member of the Lok Sabha from 39 Ahmednagar Parliamentary Constituency held in June 1991 has been set aside for commission of the corrupt practice under S. 123(4) of the R. P. Act; and E. V. alias Balasaheb Vikhe Patil has been declared elected. Civil Appeal No.2115 of 1993 is by Gadakh Yashwantrao Kankarrao (Gadakh) against declaration of his election to be void and the further declaration of E. V. alias Balasaheb Vikhe Patil (Vikhe Patil) to have been duly elected. Civil Appeal No. 2116 of 1993 is by Deshmukh Bhagwan Rangnath (respondent No. 5 in the Election Petition) against declaration of Vikhe Patil to have been duly elected. Similarly Civil Appeal No.2444 of 1993 is by Najan Rambhau Maruti (respondent No. 6 in the Election Petition) against declaration of Vikhe Patil to have been duly elected. Civil Appeal No. 1758 of 1993 is by Sharadchandra Govindrao Pawar (Sharad Pawar) to whom a notice under S. 99 of the R. P. Act was issued, against naming him for commission of the corrupt practice under S. 123(4) of the R. P. Act along with the returned candidate Gadakh.

2. The material facts are now stated : Programme for election of a member of the Lok Sabha from 39 Ahmednagar Parliamentary Constituency known locally as Ahmednagar South Constituency was as under:-

"1. Issuance of Nomination Papers : From 19th April, 1991 to 26th April, 1991

2. Last Date of Acceptance of Nomination papers : 26th April, 1991

3. Scrutiny and Publication of list of candidates : 27th April, 1991

4. Withdrawal and Publication of final list of candidates : 29th April, 1991

5. Allotment of symbols : 29th April, 1991 after 3.00 p.m.

6. Duration of Propoganda : 30th April, to 21st May, 1991

7. Date of polling : 23rd May, 1991

8. Counting of votes and declaration of results." : 27th May, 1991

However, due to the assassination of Shri Rajiv Gandhi, former Prime Minister of India on 21st May, 1991, the remaining election programme was modified by fixing 12th June, 1991 as the date of polling in that constituency and 16th June, 1991 for the counting of votes and declaration of result. For the election from that constituency, the election petitioner Vikhe Patil, the returned candidate Gadakh, respondent No. 1 and respondents 2 to 10 in the election petition were candidates. The polling took place on 12th June, 1991 and the result was declared on 16th June, 1991 wherein Gadakh was declared elected having secured 2,79,520 votes against his nearest rival Vikhe Patil who secured 2,67,883 votes.

3. Vikhe Patil then filed an election petition (E.P. No. 2 of 1991) at the Aurangabad Bench of the Bombay High Court praying that the election of Gadakh be declared as void and the election of petitioner Vikhe Patil be declared to have been duly elected from that constituency. Challenge to the validity of the election of Gadakh was made by Vikhe Patil on the ground that Gadakh had committed the corrupt practice under sub-section (4) of Section 123 of the R. P. Act. This ground was based on the allegation that Gadakh had made certain false statements in his speeches relating to the personal character and conduct of Vikhe Patil attributing the use of corrupt methods by him, with a view to prejudice the prospects of Vikhe Patils election, in meetings held by him at Sonai on 30th April, 1991, Ahmednagar on 2nd May, 1991, Newasa on 3rd May, 1991 and in an interview given to a journalist on 10th May, 1991 which was published in the daily newspaper "Maharashtra Times" on 13th May, 1991. It was also alleged by Vikhe Patil that in the public mee