D. P. MISHRA vs KAMAL NARAIN SHARMA & ORS.

The Supreme Court upheld the High Court's finding that S, the editor, publisher, and printer of the newspaper Mahakoshal, was guilty of corrupt practices under Section 123(4) of the Representation of the People Act, 1951. The Court confirmed that under Section 7 of the Press and Registration of Books Act, 1867, there is a presumption of responsibility for published content, which can be rebutted by evidence. The Court found no reason to disagree with the High Court's acceptance of S's claim that he was not aware of the offending publication, thus affirming the High Court's order.