L.M.SHARMA, P.B.SAWANT
M. J. Zakharia Sait – Appellant
Versus
T. M. Mohammed – Respondent
Judgment
SAWANT, J.- This is an appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) against the judgment of the High Court of Kerala in Election Petition No. 3 of 1987, by which the election of the appellant to the Kerala Legislative Assembly from Mattancherry Constituency No. 73 was declared void on the ground that the appellant had committed two corrupt practices within the meaning of Section 123(4) of the Act.
2. The admitted facts are that election to the Kerala Legislative Assembly from all the constituencies was held on March 23, 1987. The main contest in almost all the constituencies was between the United Democratic Front (UDF) consisting of Congress I, Kerala Congress, Indian Union Muslim League (IUML) and others on the one hand, and the Left Democratic Front (LDF) consisting of the Communist Party of India-Marxist (CPI-M), Revolutionary Socialist Party and others on the other. The appellant was the candidate of the UDF and the first respondent was the candidate of the LDF. In the said election, the appellant was declared elected by a margin of 1873 votes over his nearest rival, the first respondent.
3. On May 8, 1987
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