1 On the 9th November 1967, the respondent, who is the Chief Minister of this State, held a press conference, and a report of what he said at that conference appeared in the issue of the "Indian Express" of the 10th November as also in other newspapers. The report that appeared in the "Indian Express" has been referred to in the memorandum of charges served on the respondent as Ext. P1; and, in the counter affidavit filed by him, the respondent has stated that that report is substantially correct though incomplete in some respects. The following is the relevant portion of the report:
"Marx and Engels considered the judiciary as an instrument of oppression and even today when the State set up has not undergone any change it continues to be so, Mr. Nambudiripad told a news conference this morning. He further said that Judges are guided and dominated by class hatred, class interests and class prejudices and where the evidence is balanced between a well dressed pot bellied rich man and a poor, ill dressed and illiterate person the judge instinctively favours the former, the Chief Minister alleged.
The Chief Minister said that election of Judges would be a better arrangement, but unless