MARY THOMAS Vs. ANIL AKKARA

JUDGEMENT

(1.) Challenging the election of the first respondent, who is the returned candidate to the Kerala Legislative Assembly from 065 - Wadakkanchery Constituency in the Kerala State Assembly Election, another candidate, who secured the second number of highest votes in the election, has come up with this election petition on the grounds under S.100(1)(b), S.100(1)(d)(ii), (iii) and (iv) of the Representation of the People Act, 1951 (hereinafter referred to as 'the R.P. Act').

(2.) The allegation of corrupt practice under S.123(3) of the R.P. Act has been levelled against the first respondent mainly on the basis of Annexure - I appended with the election petition. Schedule - I showing the persons, including the first respondent who had allegedly distributed copies of Annexure - I among the inhabitants of the said assembly constituency, has also been appended with the election petition. In paragraph 12 of the election petition, it has been specifically prayed that the said "Schedule - I may please be treated as part of the pleadings of this election petition". Therefore, admittedly, Schedule - I is intended to be an integral part of the election petition.

(3.) The first respondent / returned candidate has come up with a preliminary objection raising serious questions regarding the maintainability of the election petition. In the preliminary objection, in paragraph 1 it has been contended as: