REGENT COMPUTRONICS PVT. LTD.

V.S.ACHUTHANANDAN Appellant

V/S

P.J.FRANCIS Respondents

Referred Judgements :-

N P PONNUSWAMI THE UNION OF INDIA AND STATE OF MADHYA BHARAT VS. RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST :RETURNING OFFICER NAMAKKAL CONSTITUENCY NAMAKKAL SALEM DIST [REFERRED]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED]
BALWAN SINGH VS. LAKSHMI NARAIN [REFERRED]
SAMANT N BALKRISHNA VS. GEORGE FERNANDEZ [REFERRED]
RAJ NARAIN VS. INDIRA NEHRU GANDHI [RELIED ON]
VIRENDRA KUMAR SAKLECHA VS. JAGJIWAN [REFERRED]
BHABHI VS. SHEO GOVIND [REFERRED]
UDHAV SINGH VS. MADHAV RAO SCINDIA [REFERRED]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED]
ELECTION COMMISSION OF INDIA VS. SHIVAJI [REFERRED]
F A SAPA VAIVENGA SAIKAPTHIANGA ZALAWMA LALHUTHANGA VS. SINGORA:ZONUNTHARA:HRANGTHASANGA:T ROZAMA:ROMANA [REFERRED]
MOHAN RAWALE VS. DAMODAR TATYABA ALIAS DADASAHEB [REFERRED]
SATYANARAIN DUDHANI VS. UDAY KUMAR SINGH [REFERRED]
M R GOPALAKRISHNAN VS. THACHADY PRABHAKARAN [RELIED ON]
GAJANAN KRISHNAJI BAPAT VS. DATTAJI RAGHOBAJI MEGHE [REFERRED]
DHARAMVIR AMAR SINGH M L SARWAN VS. AMAR SINGH:DHARAMVIR:AMAR SINGH [HELD]
L R SHIVARAMAGOWDA VS. T M CHANDRASHEKAR [REFERRED]

JUDGEMENT

(1.) The appellant a candidate of the C. P. I. (M) party contested and lost election from No. 99 Mararikulam Legislative Assembly Constituency in the State of Kerala by a margin of 1965 votes. The successful candidate was the respondent No. 1 belonging to the Indian National Congress. Not satisfied with the result of the election, the appellant filed Election Petition No. 11/1996 in the High Court of Kerala mainly on the grounds of corrupt practices and illegalities in the counting of ballot papers. He prayed for declaration that the election of the 1st respondent was void and that he was duly elected. Instead of filing any written statement, the respondent No. 1 filed preliminary objections which were made the basis of framing the following issues :-

(2.) Whether the absence of an affidavit in support of the allegations of corrupt practices in the petition is fatal to the maintainability of the petition

(3.) Whether there is a proper affidavit under Rule 94-A of the Conduct of Election Rules

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V S ACHUTHANANDAN Vs. P J FRANCIS

Referred Judgements :-

JUDGEMENT

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