T M JACOB Vs. C POULOSE

JUDGEMENT

(1.) -This appeal by special leave is directed against an order dated 18th September, 1996 passed by a learned single Judge of the High Court of Kerala rejecting the application made by the appellant herein seeking dismissal of Election Petition No. 8 of 1996 on various grounds. The brief facts are:

(2.) The appellant (returned candidate) was elected to the Kerala State Legislative Assembly from Priavom Constituency No. 79. While the appellant had secured 51873 votes, respondent No. 1 (election-petitioner) had received 44165 votes. After the result of the election was declared, the first respondent filed Election Petition No. 8 of 1996 challenging the election of the appellant alleging that the election of the appellant stood vitiated by commission of various corrupt practices, as detailed in the Election Petition. The Election Petition was resisted by the appellant and on 29-7-1996 the appellant filed his written objections. Various objections were raised but for the purpose of this appeal we are concerned with the objection raised in paragraph 39 of the written objections to the effect that Annexure-XV supplied to the appellant was not a true copy of Annexure-XV filed with the Election Petition and the election petition was liable to be dismissed on that score alone for non-compliance with the requirements of Section 81(3) of the Representation of the People Act, 1951 (hereinafter 'the Act'). Respondent No. 4 to the Election Petition also raised a preliminary objection on 30th of July, 1996. That objection, however, has no relevance for the present appeal. Respondent No. 1 filed his reply to the written objections on 6-8-1996 in which inter alia, he asserted in paragraph 15 that copy of Annexure-XV served on the appellant was a "true copy" of Annexure-XV filed with the Election Petition and that there was no failure on his part to comply with Section 81(3) of the Act.

(3.) On 6-8-1996, the appellant filed a petition, C.M.P. No. 2903 of 1996, praying that the Election Petition be dismissed for non-compliance with the provisions of Section 81(3) of the Act. The main objection raised in this petition also centered around Annexure-XV, report in the newspaper "Rashtra Deepika". Paragraphs 4 and 5 of C.M.P. No. 2903 of 1996 read thus: