LAWS(KER)-1980-9-25

P R FRANCIS Vs. RAGHAVAN POZHAKADAVIL

Decided On September 09, 1980
P.R. FRANCIS Appellant
V/S
RAGHAVAN POZHAKADAVIL Respondents

JUDGEMENT

(1.) The petitioner complains of undue return of the 1st respondent from the Ollur Assembly Constituency at the election held in January, 1980. He alleges commission of the corrupt practices of undue influence and appeal to religious sentiments by the 1st respondent's agents with his (1st respondent's) knowledge and consent and at his instance; and of the electoral offence of violation of S.130(1)(e) of the Representation of the People Act, 1951 (hereinafter, the Act) by the 1st respondent. He also complains of undue election on the ground of non compliance with Art.326 of the Constitution. The 1st respondent defends his return denying all the material allegations advanced by the petitioner.

(2.) The corrupt practices alleged are : (i) Publication of Ext. P4 by PW 6 as the Convenor of the Diocesan Political Committee of the Trichur Catholic Diocese (hereinafter mentioned as the Political Committee) and of Ext. P5 by him in his personal capacity; and (ii) Preaching of sermons by Rev. Fr. Cyriac Mandumpala (hereinafter, for brevity, M) and Rev. Fr. Antony Anthicad (hereinafter, shortly, A). The accusation of electoral offence is that the 1st respondent drove into polling stations exhibiting his symbol in front of his car. The complaint of non compliance with Art.326 of the Constitution is founded on the allegation that several persons below 21 years of age as on 1-1-1979 have been entered in the electoral roll of the Constituency.

(3.) The following arc the issues raised in this case after hearing the learned counsel on both sides :