KUMARA NAND vs BRIJMOHAN LAL SHARMA

The Supreme Court held that a statement calling a candidate 'the greatest of all thieves' constitutes a statement of fact under Section 123(4) of the Representation of the People Act, 1951, rather than mere opinion. The Court emphasized that the onus is on the election petitioner to prove the statement's falsity and that it pertains to the candidate's personal character. The appellant failed to demonstrate that the statement was true or that he believed it to be true, leading to the dismissal of the appeal and upholding the findings of the lower courts.