K.M. SHAJI Vs. M. V. NIKESH KUMAR

JUDGEMENT

(1.) CIVIL APPEAL NO.11183 OF 2018: 1.This civil appeal arises out of impugned order dtd. 9/11/2018 by the High Court of Kerala at Ernakulam in Election Petition No.11 of 2016.

(2.) Briefly stated, the facts of the case are that the appellant was the successful candidate in the elections to the Kerala Legislative Assembly from the (10) Azheekode Assembly Constituency, held on 16/5/2016. Respondent No.1 herein challenged the election before the High Court of Kerala at Ernakulam through Election Petition No.11 of 2016, alleging commission of corrupt practices under Ss. 123(2)(a)(ii), 123(3) and 123(4) of the Representation of the People Act, 1951 (for short, "RP Act, 1951 ").

(3.) By the impugned order dtd. 9/11/2018, the High Court partly allowed the Election Petition, declaring the election of the appellant void, and setting it aside under Ss. 100(1)(b) and 100(1)(d)(ii) of the RP Act, 1951, for the commission of corrupt practices under Ss. 123(3) and 123(4) of the RP Act, 1951. Further, the High Court disqualified the appellant from contesting in any election for a period of six years. Hence, the present appeal.