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2019 Supreme(Ker) 1042

SHAJI P.CHALY
Saritha s. Nair, D/o. Indira Nair – Appellant
Versus
Chief Election Commissioner Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.N.N.GIRIJA, SRI.K.T.THOMAS, adv
For the Respondent: SRI.MURALI PURUSHOTHAMAN, SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.R.GITHESH, SRI.HARIKRISHNAN S., SRI.SACHIN JACOB AMBAT, SRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SMT.HANI P.NAIR, SRI.P.T.SHEEJISH, SRI.M.A.MOHAMMED SIRAJ, SRI.V.A.JOHNSON, SRI.SAJU WAHAB, SRI.ELDHO CHERIAN, SRI.S.VAIDYANATHAN

JUDGMENT :

The captioned Election Petitions are filed by one and the same petitioner, challenging the election held in April, 2019 to the Parliamentary Constituencies of 04' Wayanad and 12' Ernakulam, on the ground that her nominations were rejected by the Returning Officer of the respective Constituencies, having been suffered with conviction in C.C.No.1300/2013 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta imposing three years imprisonment and a fine of Rs.45 lakhs, and C.C.No.102/2014 of Judicial First Class Magistrate Court-I, Perumbavoor, imposed with imprisonment for a period of three years and a fine of Rs.10,000/-, as per the disqualification prescribed under Sec.8(3) of the Representation of People Act, 1951 (for brevity, 'the Act, 1951').

2. On filing the Election Petitions, defects were noted by the Registry and except one defect, all are typical in nature. The additional defect is in Election Petition No.4 of 2019, noting that the prayer made by the petitioner is incomplete. The Election Petitions were posted before the Court without numbering them in view of the defects noted, and the Registry was directed to number the Election Petitions as

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