PALODE RAVI Vs. MANGODE RADHAKRISHNAN

JUDGEMENT

(1.) The petitioner Palode Ravi challenges the declaration of result made on 13.5.2001 to the effect that the first respondent Mangode Radhakrishnan had won the election to the Kerala Legislative Assembly from No.132 Nedumangad Constituency.

(2.) The margin of success was merely by 156 votes in so far as the petitioner, who was the United Democratic Front (U.D.F.) candidate, secured 62114 votes as against 62270 votes secured by the first respondent, who was the Left Democratic Front (L.D.F.) candidate. In the nature of the case it is unnecessary to mention about the votes secured by respondents 2 to 4, who were the other candidates.

(3.) The result of the election is challenged invoking Section 100(1)(d)(iv) of the Representation of the People Act, 1951. The petitioner alleges that the result of the election, in so far as it concerns the first respondent, has been materially affected by the improper acceptance of votes tendered by ineligible persons like minors and by improper refusal and rejection of votes tendered by eligible votes whose names were either omitted or deleted from the roll after they had been issued Photo Identity Cards. There is also an allegation that as against the constitutional provisions votes of minors were accepted. It is the case of the petitioner that if the votes of ineligible voters and minors are excluded and the improperly rejected votes are taken into account, it could be seen that the petitioner had won the election. The prayer, therefore, is to declare the election of the first respondent as void and to set it aside and to declare the petitioner as the duly elected candidate from No.132 Nedumangad Constituency to the Kerala Legislative Assembly in the election of May 2001.