V SUGUNAN Vs. A C SHANMUGHADAS

JUDGEMENT

(1.) Heard for admission and on the aspect of maintainability.

(2.) The petitioner who was voter No. 518 in Polling Station No. 71 in Ballussery Assembly Constituency (Constituency No. 22) challenges the election of the 1st respondent - A.C. Shanmughadas as a Member of the Kerala Legislative Assembly in the election that took place on 10.5.2001, the result of which was declared on 13.5.2001. It is alleged that the 1st respondent who had been a Member representing the very same Constituency for more than 25 years exerted undue influence resulting in corrupt practice in the matter of election.

(3.) The allegations in the petition can be summarised as follows: After the Notification for elections to the Kerala Legislative Assembly was published by the Election Commission of India on 28.3.2001 and after the decision was taken by the 1st respondent to contest the elections from the Ballussery Assembly Constituency as a candidate of the Nationalist Congress Party which was a constituent of the Left Democratic Front - the first respondent realised that the failure to complete the Ballussery Kurumpoil - Vayalada - Thalayada road would adversely affect his prospects of success in the election. He noticed that the Pourasamithi (citizens forum constituted in the Constituency) was displeased by the noncompletion of the aforesaid road and had decided to boycott the election unless the road was opened for vehicular traffic.