NARAYANAN NAMBOODIRI Vs. N.K. SESHAN AND OTHERS

JUDGEMENT

(1.) THIS is a petition under Section 100 (1) (d) (iii)and (iv) and Section 100 (1) (a) of the Representation of the People Act, 1951 - hereinafter the Act. Petitioner and respondents 1 to 3 contested for a seat in the Kerala Legislative Assembly from Wadakkancherry Constituency at the General Elections held on 20th February 1967. After scrutiny and counting on the next day the 21st, the Returning Officer rejected 2590 ballot papers as invalid, announced the petitioner and the respondents 1 to 3 to have polled 22173, 23857, 1099 and 962 votes respectively and therefore declared the 1st respondent to have been duly elected. The petitioner challenges it on the allegations,

(2.) THE 1st respondent has by a written statement denied the allegations made against his election but has not recriminated under Section 97 of the Act.

(3.) HAS any ballot paper marked for the 2nd or 3rd respondent been counted for the 1st respondent?