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1996 Supreme(Ker) 299

P.K.BALASUBRAMANYAN
A. Mohammed – Appellant
Versus
Nalakath Soopy – Respondent


Judgment :-

Baiasubramanyan,J.

This Election Petition is filed by the defeated candidate in the election held on 27.4.1996 to the Kerala Legislative Assembly from 42 Perinthalmanna Constituency. The challenge to the election of the respondent from that constituency is on a charge of corrupt practice indulged in by the respondent. The Election Petition is therefore accompanied by an affidavit as enjoined by S.83 of the Representation of the People Act. The respondent was declared elected on 9.5.1996 and the Election Petition was filed on 22.6.1996. Summons was directed to be issued by the assigned judge on 26.6.1996 returnable by 23.7.1996. On 23.7.1996, the respondent appeared and sought some more time to file his written objection. The Election Petition was adjourned to 5.8.1996 on which day, written objections were filed and the Election Petition was adjourned for replication if any by the petitioner. The respondent had raised a preliminary objection to the maintainability of the Election Petition based on the copies of the Election Petition served on him. Since it was felt appropriate to hear that question initially, the Election Petition was adjourned for a hearing on that quest






















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