JUDGMENT

SANJAY KISHAN KAUL, J.

The facts:

1. The democratic process of holding State elections was carried out for the 14th Kerala Legislative Assembly on 16.5.2016 in which the appellant contested from the Koduvally Assembly Constituency as an independent candidate. The results were declared on 19.5.2016 and the appellant, having obtained the highest number of votes was declared as elected.

2. Respondent Nos.1 & 2 who were stated to be the voters from the same constituency filed election petitions on grounds of corrupt practices. The challenge to the election of the appellant was laid under Section 123(4) of the Representation of People Act, 1950 (hereinafter referred to as the ‘said Act’) alleging that the appellant made false allegations against respondent No.3, a candidate, knowing the same to be false. Section 123(4) of the said Act reads as under:

“123. Corrupt practices. – The following shall be deemed to be corrupt practices for the purposes of this Act:

xxxx xxxx xxxx xxxx xxxx

(4) The publication by a candidate or his agent or by any other person [with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes