P C THOMAS Vs. P M ISMAIL

JUDGEMENT

(1.) This appeal under Section 116A of the Representation of the People Act, 1951 (for short 'the Act') is directed against the judgment and order dated 31st October, 2006 rendered by the High Court of Kerala at Ernakulam in Election Petition No.1 of 2004, setting aside the election of the appellant to the House of People (Lok Sabha) from 12 H.P. Muvattupuzha Parliamentary Constituency.

(2.) Election to the said Parliamentary Constituency was held on 10th May, 2004 and the result was declared on 13th May, 2004. The appellant, who was the first respondent in the Election Petition, was the candidate from the Indian Federal Democratic Party ('IFDP' for short), a constituent of the National Democratic Alliance. He was declared elected by a margin of 529 votes over the first respondent (hereinafter referred to as the 'election petitioner'), who got the second highest number of votes. The election petitioner was the candidate from the Communist Party of India (Marxist), a constituent of the Left Democratic Front (for short 'LDF'). While the appellant secured 2,56,411 votes, the election petitioner got 2,55,882 votes. The second respondent in the election petition, who had contested the election as a candidate of the Kerala Congress (M), a constituent of the United Democratic Front ('UDF' for short), secured 2,09,880 votes. The other 13 contestants got an insignificant number of votes.

(3.) The election of the appellant was challenged by the election petitioner on the ground that the appellant had committed corrupt practices as enumerated under Sections 123(3) and 123(5) of the Act and, therefore, his election was liable to be declared void under Section 100(1)(b) of the Act. The consequent relief prayed for in the Election Petition was for declaring the election petitioner as elected in terms of Section 101(b) of the Act.