SURESH GOPI Vs. BINOY

JUDGEMENT

(1.) In the 18th Lok Sabha election held in 2024, the respondent, Sri. Suresh Gopi was elected from the Thrissur Lok Sabha constituency. He was nominated and contested as the Bharatiya Janata Party (BJP) candidate. One of the electors at the constituency, namely, Sri. Binoy A.S presented the above Election Petition under Sec. 81(1) of the Representation of the People Act, 1951 (for short, 'the RP Act'), calling into question the election of the respondent on the ground specified in sub-sec. 1(b) of Sec. 100 of the RP Act.

(2.) According to the petitioner, the respondent, his election agent, and other people, with the respondent's consent, committed corrupt practices as defined under Sec. 123 (1) and (3) of the RP Act. Various instances of the alleged corrupt practices are detailed in paragraphs 8 to 27 of the Election Petition. It is alleged that those corrupt practices have vitiated the election of the respondent. The prayer in the Election Petition is to declare the respondent's election from the Thrissur Lok Sabha constituency in the 18th Lok Sabha election held on 26/4/2024, as void.

(3.) On receipt of the notice issued by this Court under Rule 212 of the Kerala High Court Rules, 1971, the respondent entered appearance and filed IA No.1/2025 to dismiss the Election Petition as not maintainable under Sec. 86(1) of the RP Act. The respondent sought to dismiss the Election Petition at the threshold without going to trial on the following grounds: