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1990 Supreme(Ker) 176

K.G.BALAKRISHNAN
K. C. Madhava Kurup – Appellant
Versus
K. Muraleedharan – Respondent


Advocates:
S. Venkitasubramonia Ayyar, V. Giri and P.K. Sukumaran, for Petitioner; K.S. Rajamany (Senior), K.K. Gopinathan Nair, M. Lalitha Nair and S.M. Prem, for Respondent.

ORDER :-

The petitioner contested the General Election to the House of the people (Lok Sabha) held on 22-11-1989 from Kozhikode Parliamentary constituency as a candidate of "Jena Seva" party. The respondent was declared elected from the said Parliamentary constituency by a margin of 28950 votes. The petitioner alleges that the respondent committed serious corrupt practices and, therefore, his election is to be declared void. In the petition the petitioner alleges four types of corrupt practices committed by the respondent. The respondent filed preliminary objections denying the allegations in the petition. The respondent contends that the allegations in the petition are vague and they are frivolous and vexatious. It is also contended that the petitioner has not complied with the mandate of Section 83 of the Representation of the People Act, 1951 (hereinafter called 'the Act'). The respondent prays that the allegations in the petition are liable to be struck out under Order VI Rule 16, C.P.C.

2. It is repeatedly held by the Supreme Court in various decisions that an election petition, where allegations of corrupt practices are imputed must be regarded as a proceeding of quasi-crimina













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