JOHNY NELLOOR Vs. JOSE THETTAYIL

JUDGEMENT

(1.) ELECTION to the 075 Angamaly Assembly constituency was held on 13.4.2011. The petitioner was a candidate sponsored by the UDF and the respondent was a candidate sponsored by the LDF. Counting took place on 13.5.2011. Respondent secured 61500 votes, whereas the petitioner could poll only. 54330. Hence, the respondent, who obtained the largest number of votes, was declared duly elected.

(2.) IN this petition, the petitioner challenges the election of the respondent mainly on three grounds. They are (i) the respondent was holding an office of profit under the State Government and therefore he was disqualified under Article 191 of the Constitution of INdia from contesting the election, (ii) there is gross violation of S. 38 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') and the Conduct of Election Rules in preparing the list of candidates and (iii) in the election campaign the respondent used a poster showing him standing before the newly put up KSRTC bus stand at Angamaly and thereby took undue advantage of the same.

(3.) THE respondent has made use of a poster, wherein he is shown as standing before the KSRTC Bus stand at Angamaly which was put up recently. It is alleged that by doing so he has misused his office and made use of a public building for his campaign thereby violating the election code.