T.S.THAKUR, D.K.JAIN
K. K. Ramachandran Master – Appellant
Versus
M. V. Sreyamakumar – Respondent
JUDGMENT
T.S. Thakur, J. —
1.Election to the Kerala State Legislative Assembly was held in April, 2006. Among other constituencies that went to poll on 29.4.2006 was 029 Kalpetta LA Constituency with as many as 11 candidates in the fray. The candidates included the appellant as a nominee of Indian National Congress (I) a constituent of the United Democratic Front (‘UDF’ for short). Janta Dal (S) a constituent of the Left Democratic Front had set up respondent No.1 as its candidate, while respondent No.2 was sponsored by Bhartiya Janata Party. Respondents No.3 and 4 were similarly contesting on the mandate of the Bahujan Samaj Party and All India Anna Dravid Munnetta Kazhakam respectively. The remaining candidates were all independent. The result of the election came on 11th of May, 2006, which declared the first respondent elected with a margin of 1841 votes over the appellant his nearest rival. Most of the other candidates in the fray lost their deposits.
2.Aggrieved by the election of respondent No.1 the appellant filed election petition No.8 of 2006 before the High Court of Kerala at Cochin alleging that the returned candidate had committed several corrupt practices that rendered
Samant N. Balkrishna v. George Fernandez,(1969) 3 SCC 238
Raj Narian v. Indira Nehru Gandhi, (1972) 3SCC 850
H.D. Revanna v. G. Puttaswamy Gowda
V.S. Achuthanandan v. P.J. Francis
Mahendra Pal v. Ram Dass Malanger, (2000) 1 SCC 261
Sardar Harcharan Singh Brar v. Sukh Darshan Singh, (2004) 11 SCC 196
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