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1951 Supreme(Ker) 123

KUNHI RAMAN, SUBRAMONIA.IYER
John Mathai – Appellant
Versus
Fakkrudhin Shah – Respondent


Judgment :-

These two petitions are presented to question the validity of the rejection of the nomination paper of a candidate for election to the House of the People from the Parliamentary Constituency of Kottayam in the Travancore-Cochin State. The first of these petitions is filed by the proposer of the candidate and the 2nd by the candidate himself. The averments in both the petitions are to the effect that the rejection of the nomination paper by the Returning Officer was made by him while he was acting in a quasi judicial capacity, that the order made by him was without jurisdiction or in excess of jurisdiction, and that there is an error in law which is one of the substance on the face of the order. It is not necessary to mention any other aspect at this stage. The prayers in both the petitions are for a writ of certiorari under Art.226 of the Indian Constitution calling for the records of the case from the Returning Officer and quashing the order of rejection and for the issue of a writ of mandamus directing the Returning Officer to include the petitioner's name in the list of valid nominations to be prepared and published by him. The 1st respondent in both these petitions





























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