SIVAPATHA MUDALIAR Vs. SKABDUL RAZAK

JUDGEMENT

(1.) The question to be decided is, did the accused commit an offence under Section 54(b)(ii) of the Madras Act V of 1920 ? It enacts : " Every person who publishes statements which he knows to be false and which materially affect a candidate or his election shall be punished with imprisonment which may extend to six months."

(2.) The statement which the accused is alleged to have made is this:-" P.W. I, i.e., the complainant, failed in getting elected in his own place and had come to Saidapet expecting to be elected." For deciding whether this statement materially affects the candidate or his election, I have first to consider the nature of the statement itself. I fail to see what bearing this statement can have upon the result of the election. If the complainant had in truth been defeated at a previous election held at another place, it does not follow that he will meet with defeat at the subsequent contest.

(3.) The second point to be considered is, whether, the persons to whom the statement is made are likely to be influenced by it. They are Municipal Councillors and intelligent persons and, as the Magistrate remarks, friends of the complainant.