A ESSUDDIN Vs. P NEELAKANTAN

JUDGEMENT

(1.) THIS petition relates to the election to the kazhakkuttam Assembly Constituency at which the first respondent who was the returned candidate and three others including the petitioner were the contesting candidates.

(2.) IN the last mid-term election for the Kerala State assembly the petitioner contested as a candidate of the Muslim League and the first respondent of the S. S. P. supported by the C. P. I. (Marxist ). The second respondent was a candidate of the Congress under the Presidentship of sri. . Nijalingappa. The third respondent contested as an INdependent.

(3.) ACCORDING to the petitioner the election of the first respondent is void. There was improper refusal and rejection of valid votes in his favour. There was also improper reception in favour of the first respondent of invalid votes. There was noncompliance of the provisions of the Constitution and the Representation of the People Act, 43 of 1951 hereinafter referred to as the Act, and the Rules framed under that Act, hereinafter referred to as the rules. On account of all these the result of the election in so far as it concerns the returned candidate has been materially affected.