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1987 Supreme(Ker) 550

PAREED PILLAY
V. S. SASIDHARAN – Appellant
Versus
K. KARUNAKARAN – Respondent


Judgment :-

1. The petitioner who is a voter of the Mala Assembly constituency challenges the election of the 1st respondent to the Kerala State Assembly. The 2nd respondent was one of the candidates who filed his Domination before the Returning Officer and who withdrew later from the contest. In the petition various corrupt practices are alleged to have been committed by the 1st respondent.

2. The 1st respondent has filed written statement denying the allegations against him. Apart from raising various contentions in the written statement challenging the election petition 1st respondent concluded stating that the election petition is liable to be dismissed in-limine under S.86 (1) for non-compliance with S.81 (3) of the Representation of the People Act, 1951.

3. In Para.5(xi) of the election petition it has been averred that at the instigation of the 1st respondent a video cassette under the caption 'Malayude Purogathy' (Mala's Progress) was widely circulated in the constituency and that Shri Jose P. George, Government Pleader, Kerala High Court and Shri Thomas Thottappally, Veterinary Doctor, Poly Clinic. Valiyaparambu addressed meetings. In the above paragraph it is also stated th





























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