Civil Appeal Nos. 7395-7396 of 1997

1. The appellant in these appeals was declared elected to the Kerala Legislative Assembly from No. 139, Neyyattinkara constituency in an election held on April 27,1996. Two election petitions were filed-one by a voter in that constituency and another by a defeated candidate who had secured the next highest number of votes to the appellant and in his petition a claim was also made for the declaration that he was duly elected.

2. In the election petition filed by the voter the election of the appellant was challenged on the ground that he was disqualified for being chosen as a member of the Legislative Assembly as he was an undischarged insolvent within the meaning of Art.191(1)(c) of the Constitution of India, at the time of filing of his nomination, at the time of his election and even on the date of the filing of the election petition. In the petition filed by the defeated candidate, in addition to the aforesaid ground of disqualification of the appellant, he also alleged that the appellant had indulged in corrupt practices within the meaning of S.123 of the Representation of the People Act, 1951 (hereinafter referred to as 'the R.P.Ac