NARASINGH CHARAN MOHANTY vs SURENDRA MOHANTY

The Supreme Court dismissed the appeal challenging the election of the respondent under Sections 123(3) and (4) of the Representation of the People Act, 1951, on grounds of corrupt practices. The Court held that while Section 7 of the Press and Registration of Books Act, 1867 creates a presumption of editorial responsibility, this presumption can be rebutted by evidence. The respondent's claim of being on leave and having no involvement in the editorial content was deemed sufficient to rebut the presumption, and the Court clarified that consent cannot be inferred from mere relationships without direct evidence of authorization.