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2022 Supreme(Ker) 812

A. BADHARUDEEN
Najeeb Kanthapuram – Appellant
Versus
K. P. Mohammed Musthafa @ K. P. M. Musthafa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T. Krishnanunni (Sr.), Meena.A., Vinod Ravindranath, M.R.Mini, Ashwin, Sathyanath, K.C.Kiran, M.Devesh, Anish Antony Anathazhath
For the Respondent: S.Sreekumar (Sr.), P.Martin Jose, P.Prijith, Thomas P.Kuruvilla, Manjunath Menon, Ajay Ben Jose, Sachin, Jacob Ambat, R.Githesh, Harikrishnan S., Anna Linda V.J, Sri. M.Muhammed Shafi

ORDER :

This is a petition filed by the 1st respondent in this Election Petition arraying the petitioner as well as other respondents as the respondents. The prayer in this petition is to consider the question as to rejection of election petition as provided under Order 7 Rule 11 r/w Order 6 Rule 16 of Code of Civil Procedure. In the affidavit in support of this petition, it has been stated that the grounds alleged by the election petitioner are illegal and improper. Detailed written statement has been filed by the 1st respondent in this regard. It is submitted further that the Election Petition does not contain necessary pleadings and the necessary details to constitute a complete cause of action for challenging the election. The following are the main contentions raised in the written statement to reject the Election Petition.

    i) Allegations in paragraph 25 of the Election Petition are also incorrect. Only postal ballots which did not comply with legal formalities were rejected. The fact that Rules 24 to 27 of the Conduct of Elections Rules, 1961 are mentioned in the proceedings of the Returning Officer is of no consequence.

ii) The allegations in paragraph 28 of the Election Petiti

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