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1977 Supreme(Ker) 149

N.D.P.NAMBOODIRIPAD
M. KAMALAM – Appellant
Versus
DR. V. A. SYED MUHAMMED – Respondent


Judgment :-

1. This is a petition filed under S.80 to 84 read with S.117 of the Representation of the People Act, 1951 (briefly the 'Act') challenging the election of the respondent to the Lok Sabha from the Kozhikode Lok Sabha constituency in the election held on 19 31977. The main ground upon which the election held is sought to be avoided is the commission of certain corrupt practices alleged in the petition. The petition was duly signed and verified by the petitioner and it was also accompanied by the requisite affidavit. On acceptance of summons the respondent entered appearance and raised a preliminary objection regarding the maintainability of the petition on the ground that there is non-compliance with sub-section (3) of S.81 of the Act.

2. The respondent was served with two copies of the petition, one of which was produced along with the written statement. The contention raised by the respondent is that both the copies served on him do not contain the signature of the petitioner as enjoined by S.81 (3) of the Act. On a perusal of both the copies it is seen that the copies of the petition served on the respondent do not contain the signatures of the petitioner. The copy of t





















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