T S JOHN Vs. JOSEPH M PUTHUSSERY

JUDGEMENT

(1.) Based on preliminary objections raised by the 1st respondent with regard to the maintainability of the Election Petition, both sides were heard.

(2.) The challenge in the E.P. is with regard to the declaration of results made by the Returning Officer on 13.5.2001 to the effect that the 1st respondent herein has won from No. 106 - Kallooppara Constituency in the General Election to the Kerala Legislative Assembly held on 10.5.2001. The petitioner, who belongs to the Kerala Congress, contested as the Left Democratic Front (LDF) candidate, whereas the 1st respondent, who belongs to the Kerala Congress (Mani Group), contested as a United Democratic Front (UDF) candidate. The 1st respondent, who secured 42238 votes, was declared elected; as the nearest candidate, who is the petitioner, received only 31013 votes. The respondents 2 and 3, who were the other candidates, who contested as BJP and independent candidates, got only 4432 and 361 votes respectively.

(3.) The attack of the petitioner is on the ground that there was corrupt practice on the part of the 1st respondent and his agents and workers through distribution of copies of Annexure I pamphlet wherein the character of the petitioner was maligned which has affected the results.