ABDULRASAKH Vs. K.P. MOHAMMED

JUDGEMENT

(1.) The democratic process of holding State elections was carried out for the 14th Kerala Legislative Assembly on 16.5.2016 in which the appellant contested from the Koduvally Assembly Constituency as an independent candidate. The results were declared on 19.5.2016 and the appellant, having obtained the highest number of votes was declared as elected.

(2.) Respondent Nos.1 and 2 who were stated to be the voters from the Signature Not Verified practices. The challenge to the election of the appellant was laid under Section 123(4) of the Representation of People Act, 1950 (hereinafter referred to as the 'said Act') alleging that the appellant made false allegations against respondent No.3, a candidate, knowing the same to be false. Section 123(4) of the said Act reads as under:

(3.) The election petition is stated to have been filed on 1.7.2016 in which certain defects are stated to have been pointed out. It is the case of the appellant that the petition was returned from the Registry and was re-presented only on 11.7.2016 by which time the prescribed period of limitation of 45 days to file such an election petition had expired on 3.7.2016 and, thus, the election petition was time barred. It is also the say of the appellant that the Registry had no power to return the election petition or permitting curing of any defects. Even on re- presentation, the petition is stated to have been defective and was placed before the learned single Judge of the Kerala High Court, who by the order dated 18.7.2017 granted one week's time to respondent Nos.1 & 2 to cure the defects. It is thereafter that notice was issued to all the respondents in the election petition including the appellant herein.