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1980 Supreme(Ker) 176

GEORGE VADAKKEL
P. R. Francis – Appellant
Versus
Raghavan Pozhakadavil – Respondent


Advocates:
S. Narayanan Poti, for Petitioner; C.K.S. Panicker, V. Bhaskara Menon, P.G.P. Panicker, K.S. Radhakrishnan, P.B. Mohan Kumar and T.R. Raman Pillai, for Respondents.

ORDER :-

The petitioner complains of undue, return of the 1st respondent from the Ollur Assembly Constituency at the election held in Jan., 1980. He alleges commission of the corrupt practices of undue influence and appeal to religious sentiments by the 1st respondent's agents with his (1st respondent's) knowledge and consent and at his instance; and of the electoral offence of violation of S.130(1)(e) of the Representation of the People Act, 1951 (hereinafter, the Act) by the 1st respondent. He also complains of undue election on the ground of non-compliance with Article 326 of the Constitution. The 1st respondent defends his return denying all the material allegations advanced by the petitioner.

2. The corrupt practices alleged are: (i) Publication of Ext. P4 by P.W. 6 as the Convenor of the Diocesan Political Committee of the Trichur Catholic Diocese (hereinafter mentioned as the Political Committee) and of Ext.P5 by him in his personal capacity; and (ii) Preaching of sermons by Rev. Fr. Cyriac Mandumpala (hereinafter, for brevity, M) and Rev. Fr. Antony Anthicad (hereinafter, shortly, A). The accusation of electoral offence is that the 1st respondent drove into polling stations
































































































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