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1987 Supreme(Ker) 496

PADMANABHAN
BALAN – Appellant
Versus
MANOHARAN MASTER – Respondent


Judgment :-

1. In the general election to the Kerala Assembly for which poll was taken en 23-3-1987 the petitioner and respondents 1 to 5 were the contesting candidates for the seat from No. 4 Hosdurg Constituency. Real fight was between the petitioner who was the candidate of the C. P. I., an ally of the L.D. F. and first respondent, sponsored by the Congress (I), an ally of the U.D.F. First respondent won by a majority of 59 votes, having polled 46,677 valid votes in his favour while the valid votes polled in favour of the petitioner was only 46,618. Petitioner seeks to declare the election of the first respondent void and to declare him elected.

2. Reasons alleged could be broadly categorised under two heads, namely (1) rejection of valid votes in his favour, reception of invalid votes in favour of the first respondent and acceptance of votes cast by impersonation coming under S.100(1) (d) (iii) of the Representation of the People Act, 1951 and (2) Corrupt practices under S.123 (2) and (3) coming within the purview of S.100(1)(b).

3. Allegations coming under the first count are (1) persons designated in the list as counting staff were partisans of the U. D. F. who were biased agai

























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