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The first respondent, in his petition, has imputed many types of corrupt practices to the returned candidate. Paragraph 8 of the petition sets out the facts about bribery. The next paragraph furnishes the particulars of appeal by the returned candidate and/or his election agent and by others with their consent, to vote for the appellant on grounds of religion and caste and to refrain from voting for the first respondent on the score that he violated Islamic tenets and was in fact a kafir. The gravamen of the vices flung at the appellant is that he and others with his consent did broadcast to their constituents orally and in writing personal aspersions about the first respondent, cal- culated to darken his poll prospects. Undue influence by invocation of divine displeasure by dietary deviation is also alleged, based on the potential threat, if respondent were returned of the pious Muslims being forced to eat pork- a prandial anathema for true Muslims.

The cornerstone of the election petition is the destribution of libellous handbills and making of slanderous speeches by the candidate and his companions which overflowed mere personal invective into many areas of corrupt practice. The Court was also satisfied with part of the charge of bribery which it expressed thus :

"As a result of the above discussion I find it proved that on the 14th of February 1972, the returned candidate placed at the disposal of respondent No. 3 Car No. DLF 675 with a promise that these expense incurred in hiring the car and running it in connection with the election campaign of respondent No. 3 would be met by the returned candidate."

For this very reason the Court has to be stern so as to induce in the candidates, the parties and workers that temper and truthfulness so appropriate to the process and not bewail, as the Report of the Fifth General Election in India (1971-72, issued by the Election Commission) does (at p. 198 thereof) :

"But how can we expect that elections will be absolutely and totally corruption-free when the whole country in every sphere and department of life and activity is plunged in the ocean of corruption ? It is everybody's complaint that there is no business, trade or industry where black-marketing or bribery is not pracctised.... Remove corruption in general and corruption in election will be a thing of the past."

The charge of bribery has been made in this case in a peculiar setting and has been held proved in part by the learned Judge. Before going into the principal skein of corrupt practices wound round the alleged propaganda, oral and documentary, we may dispose of the lesser but equally lethal episode of bribe-giving. A glance at the communal composition of the constituency and its behavioral pattern is necessary to appreciate this ground covered by issue 1. No part of Indian geography is a religious monolith and Nuh is no exception to this social diversity and communal mix. The majority are Meo-muslims (converts from Rajputs carrying their caste and gothra memory into their Islamic genetic code and observing in life the clan habit) but there are also Hindus including Harijans. The Harijans, according to the petitioner, traditionally vote for the Congress except when lured away by a fellow Harijan figuring as candidate. To wean away Harijans from the Congress ballots was very much to the appellant's interest and so the petition alleged, he exploited their communal pathology by setting up Sohanlal, Respondent 3, as a ghost candidate not to win but to defeat.