J.C. SHAH, J.

(1) AT the general elections held in February, 1967, Babu Lal Rathor appellant in this appeal was declared elected as a member of the Madhya Pradesh Legislative Assembly from the Sanwer Scheduled Castes Constituency. His election was challenged by Sajjan Singh (a defeated candidate) in a petition filed in the High court of Madhya Pradesh on several pleas including the plea that two of the agents of Babu Lal named Moti Lal and Hazari Lal had at. about mid-day on 20/02/1967. made a statement relating to the conduct of Sajjan Singh which they knew to be false, viz. that Sajjan Singh had killed one Prerndas a worker for the Jan Sangh party and had asked their men to circulate that message in other villages with a view to dissuade the voter., from exercising their vote in favour of Sajjan Singh and that the rumour was started at the instance of and with the approval of Babu Lal ; that thereby Babu Lal had published or his agents or oilier persons with his consent had published, a statement of fact which was false or which they believed to be false and did not believe to be true relating to the personal character and conduct of Sajjan Singh which was reasonably calcu