JUDGMENT

Markandey Katju, J.—

1.These appeals have been filed under Section 116 A of the Representation of People Act, 1951 (in short ‘the Act’), against the final judgment and order dated 5.5.2008 passed by the High Court of Kerala in Election Petition No. 2/2006, declaring the election of the appellant (M.J. Jacob) from no.79 Piravom Legislative Assembly Constituency to be a member of Kerala Legislative Assembly, the polling for which was held on 29.4.2006, as void. The High Court has also made an order recording the names of O.N. Vijayan (election agent of the returned candidate) and two others Jinson V. Paul and P.G. Manu as persons who have been proved at the trial to have been guilty of corrupt practice under Section 123(4) of the Act of preparing, publishing and distributing the pamphlet (Ex.P1). C.A. No.3611 of 2008 is by the returned candidate. C.A. No.5183 of 2008 is by his election agent and C.A. No.5774 of 2008 is filed by the persons named under Section 99(1)(a)(ii) of the Act.

2.Heard Shri Fali Nariman, learned Senior Advocate assisted by Ms. Malini Poduval and Vishnu B. Saharia for the appellants, and Shri K.K. Venugopal, learned Senior Advocate assisted by Ms. Bina Mad