P R FRANCIS Vs. A V ARYIAN

JUDGEMENT

(1.) This election petition is to declare the election of the 1st respondent void and the petitioner elected.

(2.) The petitioner and respondents 1 and 2 contested for a seat in the Kerala Legislative Assembly from the Ollur Constituency in the general election held on February 20, 1987. After counting of votes the next day the Returning Officer rejected 1763 ballot papers as invalid and announced them to have polled 24, 421; 24, 569 and 1,025 votes respectively and declared the 1st respondent elected. The petitioner challenges the election on the following allegations:

(3.) By a written statement the 1st respondent denied all the allegations made against his election and contended that the petitioner having not made an application in time for recount before the Returning Officer, cannot claim it in election petition; but has not recriminated under S.97 of the Representation of the People Act, 1951 hereafter 'the Act'.