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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.D.RAJAN, J
M.V.NIKESH KUMAR – Appellant
Versus
K.M.SHAJI – Respondent
| Table of Content |
|---|
| 1. overview of election challenges. (Para 1 , 2) |
| 2. petitioner's allegations and claims. (Para 3) |
| 3. first respondent's defence. (Para 4) |
| 4. issues for consideration. (Para 5 , 6 , 7 , 8) |
| 5. evidence supporting the petitioner's claims. (Para 9 , 10) |
| 6. testimony from witnesses. (Para 11 , 12 , 13 , 15) |
| 7. findings of the special officer. (Para 30 , 31) |
| 8. corrupt practices discussed. (Para 38 , 39) |
| 9. legal standards for corrupt practices. (Para 40 , 61) |
| 10. final ruling and implications. (Para 85 , 86) |
JUDGMENT
The petitioner who is the defeated candidate from the (10) Azheekode Assembly Constituency of the Kerala Legislative Assembly in the election held on 16.05.2016, challenges the election of the respondent alleging commission of corrupt practice of undue influence under Section 123(2)(a)(ii), and other corrupt practices under Section 123(3) and 123(4) of the Representation of People Act 1951 (hereinafter referred to as 'R.P. Act 1951'). Respondents 1 to 9 were the other candidates who contested the election, however, the main contest was between the petitioner and the 1st respondent. Petitioner was the official candidate of Communist Party of India Marxist (CPIM), the ma
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