D P MISHRA Vs. KAMAL NARAIN SHARMA

JUDGEMENT

(1.) In compliance with our Order decided on 13-3-1970 the High Court issued a notice to Shukla. Shukla submitted his reply contending, inter alia, that he did not publish or cause to be published the offending statements in the newspaper Mahakoshal as alleged by Sharma In paragraph 1 he submitted that:

(2.) Several witnesses were examined before the High Court in support of the case that Shukla was instrumental in publishing and distributing the offending statements Annexures III - and III in the daily newspaper Mahakoshal of which Shukla was the editor, printer and publisher. Some witnesses who had been previously examined were recalled for examination Shukla and Tarangi were also examined at the hearing.

(3.) At the hearing of the appeal and in the proceedings for naming Shukla, Sharma the petitioner who instituted the election petition took no interest. But two persons who were permitted to intervene in the proceeding took upon themselves the defence of the appeal and also to prosecute the proceeding after it stood remanded to the High Court.