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"In Chandrika dated 12-3-1977 on the front page a cartoon is published. It depicting Jansangh as a Pig and Shri E. M. Sankaran Namboodiripad, the Marxist Leader, cutting to the flesh of the pig and serving it to the Muslim. This is an attempt to promote feelings of enmity and hatred between different classes of citizens of India on grounds of religion. It is well known to eat pork is pardial ansthma (haram) for true muslims. The publication of this cartoon in Chandrika is with the consent and knowledge of the respondent, which promoted hatred of the Muslims against the United Front of Marxist Party and Janata Party and Muslim League (opposition) of which the petitioner- is a candidate from the concerned constituency".

Lastly we come to the next item on which reliance is placed which is Ex. P. 5, the cartoon. The allegation regarding the cartoon is made by the petitioner in para 11 of the petition which may be extracted thus:-

"In Chandrika dated 12-3-1977 on the front page a cartoon is published. It is depicting Jana Sangh as a Pig and Shri E. M. Sankaran Namboodiripad, the Marxist leader, cutting the flesh of the pig and serving it to the Muslim. This is an attempt to promote feelings of enmity and hatred between different classes of citizens of India on grounds of religion. It is well-known to eat pork is pardial ansthma (haram) for true Muslims The publication of this cartoon in Chandrika is with the consent and knowledge of the respondent which promoted hatred of the Muslims against the United Front of Marxist Party and Janata Party and Muslim League (opposition) of which the petitioner is a candidate from the concerned constituency".

It may be pertinent to note that in this averment the petitioner has pleaded that the cartoon was published with the consent and knowledge of the petitioner-a fact which the petitioner has miserabIy failed to prove. There is absolutely no evidence on record to show that the cartoon was shown to the appellant and his approval was obtained before it was published, nor is there any evidence to show that the appellant had any knowledge direct or indirect about the cartoon before its publication in Chandrika. We might indicate here that the term 'consent' is a much stronger word than knowledge because it implies conscious assent and there is nothing to show that the appellant at any time gave his consent to the publication of the cartoon. The actual cartoon seems to depict Janasangh as a pig and Shri E. M. S. Namboodiripad the Marxist Leader cutting the flesh of the pig and serving it to Muslims It is well known that pork is strictly prohibited by Islam and the very act of offering pig to a Muslim is extremely abhorrent to the Muslim so the cartoon no doubt attempts to promote feeling of hatred between the Hindus and the Muslims and the High Court was right in coming to this finding. But this does not conclude the matter because it must be affirmatively provide by the petitioner that this cartoon was shown to the appellant or was within his knowledge or had his consent before its publication. on this there is no evidence at all. Indeed if there is any evidence it is to negative this fact. The petitioner has mainly relied on the statement of P.W. 2 the editor which is to the effect that the copy of Chandrika used to be sent to the appellant. That by itself would not show that the appellant must have read all the issues of Chandrika including the one which contained the cartoon. In fact, as indicated above, P.W. 2 has himself admitted that at the time of election because of his responsibilities as the Secretary of the Muslim League and as a leader of the United Front during the months of February and March the appellant was mostly on tour. The appellant has also admitted that during the relevant time he never got time to read the paper completely. He has also stated categorically as indicated by us while dealing with his evidence that he was extremely busy and has stated l thus:-

This is all the evidence that has been produced in the court to show that the cartoon was printed with the knowledge and consent of the appellant. Putting however the case of the petitioner at the highest all that has been shown is that the appellant may have seen A or received the paper and at the same time it is equally possible that in view of his pre-occupation the appellant may not have read or seen the paper at all. In such a situation, the onus of proof being on the petitioner to prove that the appellant had knowledge of the publication of the cartoon, and applying the standard of proof by the doctrine B of benefit of doubt, the allegation of the petitioner that the appellant was aware of the cartoon or gave his consent to its publication stands disproved for the appellant will get the benefit of doubt if two clear possibilities are available. Thus, it is impossible for us to jump to the conclusion that the appellant had any knowledge of the publication of the cartoon before its publication, or that he gave his consent C to its publication merely from the fact that the appellant was the Chief Editor and received a copy of Chandrika every-day particularly hen the appellant has explained that he was too busy and did not find time to read the paper fully. As the allegation regarding the cartoon is also a corrupt practice it has to be proved by clear and cogent evidence which is wholly wanting in this case. It is true that the appellant was shown the cartoon while he was deposing in court and was asked to give his impression but whatever he might have said in court is totally irrelevant because that would not show that he had any knowledge of the cartoon prior to its publication. He gives his impression only when the cartoon is shown to him.