SIVAN PILLAI Vs. B C JOSE

JUDGEMENT

(1.) In this petition, the petitioner calls in question the election of the first respondent to the Kerala Legislative Assembly from No. 70 Parur Constituency. He has filed this petition under S.80, 80A, 81, 82, 83, 84 and 100 of the Representation of the People Act, 1951, for brevity, 'the Act'.

(2.) The petition reveals the following facts. The petitioner, the respondent and four others were contesting candidates in the election of the No. 70 Parur Constituency. The notification under sub-sec. (2) of S.15 of the Act was published in the Official Gazette of 'the State of Kerala on 17th Apr. 1982, calling upon all the assembly constituencies in the State of Kerala to elect members for the purpose of constituting a new Legislative Assembly for the State. The poll took place on 19-5-1982 in all the constituencies including No. 70 Parur Constituency.

(3.) The petitioner contested the election as a candidate of the Communist Party of India, a constituent party of the Left Democratic Front (Hereinafter referred to as LDF). The other constituent parties of the L D F are : Communist Party of India (Marxist), All India Muslim League, Congress (S), Revolutionary Socialist Party, the Janatha (S) and the Democratic Socialist Party. The respondent was a candidate of the Congress (A) party, a constituent of the United Democratic Front (hereinafter referred to as U D F). The other constituent parties of U D F are : Congress (I), Indian Union Muslim League and few other local parties.