ORDER

The petitioner and the 1^st respondent, besides five others, contested the election held on 06.04.2021 to elect the member from 081-Thrippunithura Constituency to the Kerala Legislative Assembly. The result was declared on 02.05.2021. The 1^st respondent, who was a candidate of the Indian National Congress, a constituent of the United Democratic Front(UDF), returned. The petitioner, who was a candidate of the Communist Party of India (Marxist), a constituent of Left Democratic Front (LDF), calls into question the election of the 1^st respondent on the ground of corrupt practices.

2. The 1^st respondent raised preliminary objections pointing out material defects in the election petition, want of cause of action to constitute corrupt practices and non- compliance of the provisions of Section 81 of the R.P.Act and Rule 212 of the Rules of the High Court of Kerala, 1973. Preliminary objections were considered by this Court as per order dated 29.03.2023 and sustained a part of the objection.

The operative part of the said order reads,-

“1) the election petition on the basis of the allegations contained in paragraphs No.10 to 14 and 20 to 28 of the Election Petition that-, i) the 1^st res