(1.) The petitioner and the 1st respondent, besides five others, contested the election held on 6/4/2021 to elect the member from 081-Thrippunithura Constituency to the Kerala Legislative Assembly. The result was declared on 2/5/2021. The 1st respondent, who was a candidate of the Indian National Congress, a constituent of the United Democratic Front(UDF), returned. The petitioner, who was a candidate of the Communist Party of India (Marxist), a constituent of Left Democratic Front (LDF), calls into question the election of the 1st respondent on the ground of corrupt practices.
(2.) The 1st respondent raised preliminary objections pointing out material defects in the election petition, want of cause of action to constitute corrupt practices and non- compliance of the provisions of Sec. 81 of the R.P.Act and Rule 212 of the Rules of the High Court of Kerala, 1973. Preliminary objections were considered by this Court as per order dtd. 29/3/2023 and sustained a part of the objection. The operative part of the said order reads,-
(3.) The 1st respondent challenged the said order before the Apex Court by filing Civil Appeal No.5975 of 2023. The Apex Court dismissed that appeal as per the order dtd. 12/2/2024. What remains for consideration is the allegations concerning corrupt practice by the use of religious symbol alone. The averments regarding the same are contained in paragraphs No.16 to 21 in the election petition. Reference to the said allegations and the contentions of the 1 st respondent in that regard alone require mention. The other respondents did not contest the petition.
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