MANI C KAPPAN Vs. K M MANI

JUDGEMENT

(1.) The petitioner, a candidate in the election held on 22-4-2006 to the Kerala Legislative Assembly from No. 94 Pala Assembly constituency challenges the election of the respondent, the successful candidate.

(2.) The allegation against the respondent is that he filed a false affidavit along with his nomination paper suppressing material facts and omitting to mention the dues he allegedly owes to the Tourism Department. It is alleged that the affidavit filed by the respondent is not in conformity with the directions of the Election Commission of India contained in its Order No:3/ER/2993/JS-II dated 27-3-2003 ("EC Order", for short). Hence, it is contended that there is non-compliance of Sections 33, 33A and 125A of the Representation of the People Act, 1951 ("Act", for short) and Rule 4A of the Conduct of Election Rules, 1961 ("CE Rules", for short) and therefore, the election of the respondent is liable to be declared void under Sub-sections (1)(d)(i) and (1)(d)(iv) of Section 100 of the Act.

(3.) The respondent filed written statement, a statement of preliminary objections and I.A. 10/2006 seeking, that the question of maintainability of the election petition be decided as a preliminary issue. Certain documents are also produced along with that interlocutory application with a request to receive them.