K. BABU Vs. M. SWARAJ

JUDGEMENT

(1.) The short question in this appeal is whether the election petition filed against the appellant by the first respondent herein was liable to be rejected at the threshold The High Court of Kerala at Ernakulam answered this question in the negative, prompting the appellant to come before us.

(2.) Having heard the appeal in part on 18/1/2024, we stayed further proceedings in the election petition.

(3.) The appellant and the six respondents herein contested in the election to the 15th Kerala Legislative Assembly, held on 6/4/2021, from 081-Tripunithura Legislative Assembly Constituency. The appellant was declared elected on 2/5/2021, having polled 992 votes more than the next candidate, viz., the first respondent. Thereupon, Election Petition No. 8 of 2021 was filed by the first respondent before the High Court of Kerala at Ernakulam under Ss. 80, 81, 83, 84, 100, 101 and 123 of the Representation of the People Act, 1951 (for brevity, 'the Act of 1951'), seeking a declaration that the election of the appellant was void and, in consequence, to declare him duly elected.