In this petition filed under Sec. 81 read with Sections 100, 101 and 123 of the Representation of the People Act, 1951, (hereinafter referred to as "the R.P. Act" for short) the petitioner (P.A. Mohammed Riyas) challenges the election of the first respondent (M.K. Raghavan) , the returned candidate from No. 05 - Kozhikode Constituency of the House of People in the Parliamentary election which was held on 16-4-2009 and the result of which was declared on 16-5-2009. The petitioner contested the election as the official candidate of the Communist Party of India (Marxist) ["the C.P.I. (M)" for short] led by the Left Democratic Front ["LDF" for short]. The major constituents of the LDF were the C.P.I. (M), the Communist Party of India, the Kerala Congress (Joseph) , the Janatha Dal and the Revolutionary Socialist Party. The first respondent was the candidate of the Indian National Congress and he contested the election as the candidate of the United Democratic Front ("UDF" for short). The major constituents of the U.D.F. were the Indian National Congress , the Indian Union Muslim League and the Kerala Congress (Mani).

2. The dates which are relevant for the purpose of this election petition are the following:- 1 Date of election notification 23-03-2009 2 Last date for filing Nomination 30-03-2009 3 Date of Scrutiny 31-03-2009 4 Last date for withdrawal of Nomination 02/04/2009 5 Date of publication of Final List of candidates 02/04/2009 6 Date of Election 16-04-2009 7 Number of candidates contested 16 8 Date of declaration of election results 16-05-2009 9 Last date for filing Election Petition under Section 81 (1) of R.P. Act. 30-06-2009 10 The present election petition filed on 26-06-2009 11 Summons issued to the respondents on 17-07-2009

3. Besides the petitioner respondents 1 to 15 contested the election. The number of votes secured by the petitioner and respondents 1 to 15 are as follows:- Sl.No.

Name of Candidate Rank in the E.P.

No. of Votes 1

P.A. Muhammed Riyas Petitioner 3,41,471 2

M.K. Raghavan 1st respondent 3,42,309 3

A.K. Abdul Nazar 2nd respondent 4044 4

V. Muraleedhara 3rd respondent 89718

P. Kumarankutty4th respondent 5871 6

K. Muhammed Riyas 5th respondent 1026 7

P. Muhammed Riyas 6th respondent 980 8

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P.A. Muhammed Riyas 7th respondent 1109 9 Mudoor Mohammed Haji 8th respondent 495 10

K. Raghavan 9th respondent 1740 11 P.Ramachandran Nair 10th respondent 1005 12

M. Raghavan 11th respondent 1033 13 Vinod. K.

12th respondent 1629 14 Sabi Joseph 13th respondent 1163 15 Dr.D. Surendranath 14th respondent 2257 16 Riyas 15th respondent 1728

4. According to the petitioner the election of the first respondent is vitiated by "corrupt practice" falling under Section 123 (4) of the R.P. Act. The grounds alleged for setting aside the election of the first respondent are :-

A. "Corrupt practice" by the publication of allegedly false statements in the form of - 1) Annexure A ( "Jagratha" ( "Be careful" ) Newsletter bearing no date) allegedly published on 14-4-2009 and distributed on 15-4-2009

2) Annexure H (Anonymous notice allegedly published on 14-4-2009 and 15-4-2009

3) Annexure K (Report in the Mathrubhumi daily dated 31-3-2009 of the speech of M.P. Veerendra Kumar

4) Annexure L Hand Bill dated 11-4-2009 allegedly distributed on 14-4-2009

5) Annexure M Wall poster allegedly published on 14-4-2009 & 15-4-2009

6) Annexure N Wall poster -do- -do- AND

B). Fielding of other candidates having similarity in names

5. Highlights of the 6 publications falling under Ground A above are shown below in a tabular chart for easy comprehension.

TABLE

6. Details of the publications of the allegedly false statements:

I. It is alleged by the petitioner that Annexure A newsletter "Jagratha" comprising of writes-up under the captions - "Conspiracy behind the candidature of Riyas stands exposed" , "Age of "kali" ( the God of strife)", "should the abhorred be crowned ?", " The end of the Drama, Faris " , "The gentleman in politics", an