V.P. SHANMUGAM AND ANR. Vs. THANGAVELU

JUDGEMENT

(1.) THIS is a revision which has been preferred against the order made by the Additional First Class Magistrate, Pollachi, M. P. No. 67 of 1957 in C.C. No. 88 of 1957.

(2.) THE first respondent before us Thangavelu stood for election to the Madras Legislative Assembly in the recent general elections. He was the nominee of the Praja Socialist Party supported by the Communist Party, and was being opposed by a Congress Party candidate. In, these circumstances a printed notice was published and circulated by the revision petitioners before us. That notice contained a series of rhetorical questions whether it was true or not that this Tuangavelu used to receive money and withdraw from contest in elections.

(3.) FALSE statements of fact in relation to the personal character or conduct of a candidate are penalised by Section 171 -G IPC which corresponds to S. l of the Corrupt and Illegal practice Act, 1895 (58 and 59 Vic. Ch. 40). In fact acknowledgment of the same is made in the Statement of Objects and Reasons; See Gazette of the India, Part V, D/ - 3rd July 1920, Page 135. It is set out in Section 123(5) of the (Indian) Representation of the People Act, 1951: