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1961 Supreme(Ker) 14

MOHAMMED AHMED ANSARI, T.C.RAGHAVAN
Gopala Kurup – Appellant
Versus
Samuel Arulappan Paul – Respondent


Advocates:
S. Easwara Iyer, L. Gopalakrishnan Potti and P. Subramonian Poti, for Appellant; P. Govinda Menon, P.K. Krishnankutty Menon, P. Raman Menon and P. Narendra Menon, for 1st Respondent; K. Velayudhan Nair, V.S. Moothath, K.J. Joseph and Smt. L. Jane, for Respondents 2 and 3; N. Kanakadas, for Respondent 4.

Judgement

ANSARI, C.J. :- This appeal is against the decision by the Election Tribunal, Quilon, in Election Petition No. 11 of 1960. Four persons had contested the double member constituency of Mavelikara in the elections to the State Legislature held on February 1, 1960. Two out of the four contestants were on behalf of the Communist Party, and the remaining for the United Front. The result showed contestant to have secured the following number votes :

1. Gopala Kurup ..... 54,340

2. Kujanchan ..... 54,042

3. Chellappan Pillai ..... 50,662

4. Ramachandra Das ..... 50,170

2. As the first two, who had contested for the Communist Party, had obtained the majority of the votes, both were declared elected. But on March 12, 1960, one Samuel Arulappan Paul filed the petition in which this appeal arises, seeking declaration of the aforesaid elections being void, and praying the two contestants on behalf of the United Front to be declared elected. One of the grounds taken in the petition for the aforesaid declarations is that Gopala Kurup was disqualified under Article 191 of the Constitution from standing for the election, because of his being a teacher in an institution covered by the defin



















































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