K. K. RAMACHANDRAN MASTER V. M Vs. SREYAMSKUMAR

JUDGEMENT

(1.) This election petition is filed challenging the election of the Ist respondent from the 029 Kalpetta LA constituency to the Kerala Legislative Assembly, in the election, the polling for which was held on the 29th April, 2006. Petitioner, according to him, is the candidate who secured the highest number of votes, among the ten defeated candidates and the Ist respondent was returned with a margin of 1841 votes.

(2.) The Ist respondent has filed written statement, including preliminary objections to the maintainability of the election petition on different grounds, including that the pleadings are not verified as enjoined by law; the election petition filed alleging corrupt practices, does not disclose the material facts on the basis of which such allegations are made, to proceed with trial of the election petition under the provisions of the Representation of the People Act, 1951, hereinafter referred to as the 'Act'; that neither the election petition nor the affidavit in Form 25 under R.94A of the Conduct of Election Rules, 1961, hereinafter referred to as the 'C. E. Rules', discloses the source of information regarding the material facts constituting any of alleged corrupt practices, regarding which pleadings are made by the petitioner, on the basis of information, not on his personal knowledge; that the election petition does not disclose any cause of action, to be put to trial; and that therefore the election petition may be rejected.

(3.) A reply affidavit is also filed by the election petitioner to the preliminary objections contained in the written statement.