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1977 Supreme(Ker) 295

N.D.P.NAMBOODIRIPAD
P. J. ANTONY – Appellant
Versus
K. M. MANI – Respondent


Judgment :-

This is a petition filed by an elector in the 94 Palai Assembly Constituency challenging the election of the 1st respondent to the Kerala State Legislative Assembly in the election held on 19 - 3 -1977. After counting of votes the results were declared on 20 - 3 - 77 declaring the 1st respondent as duly elected as member of the Assembly. According to the petitioner the election of the 1st respondent is void being violative of Ss.123 (1), (2), (3), (4) and 7 of the Representation of the People Act, 1951 (for brevity the Act). The 1st respondent, who is a member of the Catholic community, was during the relevant time a leader of the Kerala Congress and he was the Minister for Finance in the Government of Kerala. On 12 - 3 -1977 a meeting of the priests of the various Parishes of the Catholic Church within the aforesaid constituency and certain other leaders of the Catholic community was convened at the Hishop's House, Palai, at 8 p. m. In the? meeting the Hishop called upon the priests and other leaders of the community to work for the success of the 1st respondent in the interest of the Church and of the Catholic community They were also persuaded by the Hishop to use th




















































































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