BYJU T D Vs. THIRUVANCHOOR RADHAKRISHNAN

JUDGEMENT

(1.) The respondent won the election held on 11-5-2006 from the Adoor L.A. Constituency No. 119 to the Kerala Legislative Assembly by a margin of 18, 406 votes over his next rival Sri.D.K.John.

(2.) This election petition is filed by an elector challenging the election of the respondent on the ground that the respondent, his election agent, close aides and workers have printed and published Annexure-A poster without disclosing its publisher and printers and as an innuendo and that its contents could be deciphered to indicate that it is about Sri. D.K.John and further that the contents of that poster are publications amounting to a corrupt practice under Section 123(4) of the Representation of the People Act, 1951, hereinafter, the "Act", for short.

(3.) Barring the averment in paragraph 6 of the election petition that a specimen of one such poster "obtained by the petitioner from private bus stand junction, Adoor on 20-4-2006 at about 5.35 a.m.", all other averments regarding the distribution of the said poster and the statements made in paragraph 7 of the election petition to connect the said innuendo to the aforesaid Sri.D.K.John are made by the petitioner on the basis of information and not on personal knowledge.