Judgment-

R. S. SARKARIA

( 1 ) THIS appeal is directed against the judgment, D/- 2-1-1973 of the High Court of Punjab and Haryana, declaring void the election of the appellant Bhagat Ram @ Bhagtu to the Haryana State Assembly. The material facts are these:

ELECTION to the Haryana State Legislature took place in March 1972. Bhagtu Ram appellant, Bhagat Ram respondent and three others contested the election as rival candidates from Kalayat Constituency (Reserved ). The result was announced on 12/03/1972. Appellant secured 17032 votes as against 15812 polled by Bhagat Ram, respondent herein. Appellant was declared elected.

( 2 ) BHAGAT Ram respondent filed an election petition under the Representation of the People Act, 1951 (hereinafter called the Act) challenging the election of the appellant on three grounds. Of them, only these two are relevant for the purpose of this appeal: (1) The returned candidate and his workers with his consent published a statement of fact (poster, Exh. Prosecution witness 1/1) which was false and which he either believed to be false or did not believe to be true and that statement relating to the personal character and conduct of the petitioner, was reasonab