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C. S. SUDHA
K. P. Mohammed Musthafa @ K. P. M. Musthafa – Appellant
Versus
Najeeb Kanthapuram – Respondent
ORDER :
C.S.SUDHA, J.
The petition has been described as one filed under Sections 80, 80A and 81 read with Section 100(1)(d)(iii), Section 100(1)(d)(iv) and Section 101 of the Representation of People Act, 1951 (the Act).
2. The election petitioner and the respondents on 06/04/2021 contested the general election to the 15th Kerala Legislative Assembly from 038-Perinthalmanna Assembly Constituency, the result of which was declared on 02/05/2021 and 03/05/2021. The first respondent was declared the returned candidate by a majority of 38 votes. The election of the first respondent and the result declared is challenged on the grounds under Section 100(1)(d)(iii) and Section 100(1)(d)(iv) of the Act. The challenge is on the ground that 348 postal ballots of the Absentee Voters Senior Citizens (AVSC); Absentee Voters Physically Disabled (AVPD) and Absentee Voters Covid suspected and affected persons (AVCO) were improperly rejected, materially affecting the result of the election as far as the first respondent is concerned.
2.1. According to the petitioner, after the election, counting was conducted on 02/05/2021 at GGV HSS, Perinthalmanna. The postal ballots were counted before the Electroni
An election petition must contain a concise statement of material facts to demonstrate grounds under the Representation of People Act; failure to do so results in dismissal under Order VII Rule 11 of....
An election petition must contain material facts; vague allegations without substantiation lead to dismissal.
The main legal point established in the judgment is the strict adherence to election laws, the importance of maintaining the secrecy of the ballot, and the need for clear and specific allegations sup....
The main legal point established in the judgment is that election disputes falling within the domain of Chapter II of R.P. Act, 1951 should be challenged through a properly constituted election petit....
Voting integrity is paramount; voters on election duty must cast postal ballots only, affirming election rules and processes.
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