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1996 Supreme(Ker) 284

P.K.BALASUBRAMANYAN
Meethian – Appellant
Versus
Poulose – Respondent


Judgment :-

Balasubramanyan, J.

This Election Petition relating to the election of the respondent to the Legislative Assembly of Kerala from 81 Kothamangalam Constituency was filed in this Court on 21.6.1996. The results of the election having been announced on 5.8.1996 it was within time. The Election Petition contained a prayer for 'setting aside the election by the respondent to the Legislative Assembly of Kerala from 81 Kothamangalam Constituency' . The office noted certain defects in the Election Petition and returned the Election Petition for curing the defects the same day. The following defects were noted.

1. Description of Annexures is incomplete and wrong.

2. English translation of Annexures not filed.

3. Exhibits are not legible.

4. It may be clarified whether the relief sought is in accordance with the R.P. Act.

5. Chalan number may be shown correctly.

Some of the defects were cured, the relief claimed was modified and the Election Petition was re-presented on 27. 6.1996 with an assurance that English translation of Annexure I will be produced at the time of evidence. 27.6.1996 was obviously beyond the time fixed for the filing of an Election Petition under S.81(1) of the Repr









































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