P.A. AZIZ Vs. K.V. THOMAS

JUDGEMENT

(1.) The petitioner, who is a voter in the Ernakulam Parliamentary Constituency of the Union of India, is seeking a declaration that the election of the respondent from the Ernakulam Parliamentary Constituency to the House of People(Lok Sabha) declared on 16th May, 2014 is void under Section 100(1)(d)(iv) and Section 123(3) of the Representation of the People Act, 1951(hereinafter referred to as 'the Act').

(2.) The declaration sought for by the petitioner is on the basis of the following factual matrix: The respondent, who was a sitting Member of Parliament of the Ernakulam Parliamentary Constituency in the 15th Lok Sabha, was also a Minister for the State in the Union Ministry. He belongs to the Indian National Congress(I) and his party contested the parliament election for the 16th Lok Sabha as a major partner of the United Democratic Front(U.D.F) in the State of Kerala. The respondent was re-nominated by the Indian National Congress(I) for contesting the 16th Lok Sabha election from Ernakulam Parliamentary Constituency.

(3.) Being a sitting Member of the Lok Sabha, during the term of the 15th Lok Sabha, the respondent had obtained letter heads from the Union of India. The letter head contains the name of the respondent as a Member of Parliament, with the National Emblem "Ashok Stambh". The said official letter head has to be used by such Member of Parliament in his official capacity only. The said letter head is printed with the money of the general public and the same is not expected to be made use of by such Member of Parliament for furthering his electoral prospects in the election. According to the petitioner, apart from the respondent herein, many other candidates had contested the election to the 16th Lok Sabha from the Ernakulam Parliamentary Constituency. The petitioner herein, received Annexure III notice/letter from the respondent herein dated 17.03.2014, during the peak of the election campaigning period. Annexure III was received by the petitioner by post in his residential address.