UMESH CHALLIYIL Vs. RAJENDRAN

JUDGEMENT

(1.) THIS Election Petition is by a candidate, who contested the election held on 29-4-2006 , to the Kerala Legislative Assembly from No, 67 Kodungalloor constituency.

(2.) THE petition is filed on the ground that the election of the respondent is void on ground that corrupt practices referable to S. 123 (4)of the Representation of the People Act, 1951, "the Act", for short, have been committed either by the respondent's election agent or by some other person with the consent of the respondent or his election agent.

(3.) IT is specifically urged by the learned counsel for the respondent that such defects have been pointed out as per the statement of preliminary objections filed on 16-8-2006, with notice to the petitioner, and even if curable, they have not been cured and the petitioner has demonstrably pressed for consideration of the election petition without curing such defects and therefore, the said defects have become fatal to the election petition.