FAKKIR MOHAMED IBRAHIM KALIFULLA, SHIVA KIRTI SINGH
C. P. John – Appellant
Versus
Babu M. Palissery – Respondent
JUDGMENT
Fakkir Mohamed Ibrahim Kalifulla, J.
1. These two appeals are directed against a common judgment of the High Court of Kerala at Ernakulum dated 02.12.2011 passed in Election Petition No.1 of 2011 and I.A. No. 3 of 2011. By the impugned judgment, the High Court, while allowing I.A. No. 3 of 2011 simultaneously dismissed Election Petition No.1 of 2011 filed by the Appellant challenging the successful election of the First Respondent to 062 Kunnamkulam Constituency in the general election held on 13.04.2011, as a candidate of Communist Party of India (Marxist) (hereinafter called “CPI (M)”), which is a constituent of the Left Democratic Front (hereinafter called “LDF”). Such a decision of the Election Petition was at the threshold under Sections 83(1) and 86 of the Representation of the People Act, 1951 (hereinafter called “the Act”) read with Rule 11 of Order 7 of Code of Civil Procedure, 1908.
2. The brief facts which are required to be stated are that the Appellant was a candidate of the Communist Marxist Party (hereinafter called “CMP”), which was a constituent of United Democratic Front (hereinafter called “UDF”). The Second Respondent was also a candidate in the said el
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