ANIL Vs. BABU M PALISSERY

JUDGEMENT

(1.) Petitioner, an elector, challenges the election of the respondent to the Kerala Legislative Assembly from No. 56 -- Kunnamkulam Assembly Constituency, in the election held on 29.04.2006.

(2.) Going by the pleadings in the election petition, the respondent, Babu M. Palissery, son of Chinnappan Nair, Mullath House, is included at Serial No. 802 in the electoral roll of No. 55 -Vadakkancherry Assembly Constituency of the Kerala Legislative Assembly.

(3.) According to the petitioner, the above inclusion of the respondent in the electoral roll is illegal in terms of the Representation of the People Act, 1950, hereinafter, the "1950 Act", for short; the Representation of the People Act, 1951, hereinafter, the "1951 Act", for short; the Registration of Electors Rules, 1960, hereinafter, the "R E Rules", for short and the Constitution of India. It is also his case that there is no proper submission of the nomination paper, in as much as the affidavit in Form 26, in terms of Rule 4A of the Conduct of Election Rules, 1961, hereinafter, the "C E Rules", for short and the affidavit required in terms of Order No. 3/ER/2993/JS-II dated 27.3.2003, of the Election Commission of India are sworn to by the respondent by describing himself in terms of his description as is presently available in the electoral roll and without disclosing his educational pursuits.