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1989 Supreme(SC) 421

T.K.THOMMEN, M.M.DUTT
U. S. Sasidharan – Appellant
Versus
K. Karunakaran – Respondent


Advocates:
A.S.NAMBIYAR, ASIM MALHOTRA, DILIP PILLAI, M.A.Firoz, P.S.POTI, T.T.KUNHIKANNAN, Y.S.Chitale

Judgment

DUTT, J:- This appeal under section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) is directed against the judgment of the Kerala High Court dismissing the election petition of the appellant.

2. The appellant is a voter in the Mala constitutency of the Kerala Legislative Assembly. The election of the members of the Assembly was held on March 23,1987 and the first respondent, who was then the sitting Chief Minister of the State of Kerala, was declared elected from Mala constituency.

3. The appellant challenged the election of the first respondent to the Kerala Legislative Assembly on the ground of various corrupt practices alleged to have been committed by the first respondent. In paragraphs 5(i) and 5(ii) of the election petition, the corrupt practice that was alleged by the appellant was to the effect that the second respondent, who was a candidate for the election, published a notice wherein it was declared that the second respondent was withdrawing from the contest and stated, inter alia, that it was to highlight the grievances of his community, namely, the Kudumbi Samudayam which is a backward community, that he had decided to co
















































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