RAMACHANDRAN KADANAPPALLI Vs. K P NOORDOEN

JUDGEMENT

(1.) In the general election to the Kerala assembly held in March 1987, petitioner, respondent and 11 others contested for the Peravoor No. 15 seat. Real contest was between the petitioner and respondent. Petitioner represented Congress (S) an ally of the L.D.F. and the respondent was the Candidate of Congress (I), an ally of the U.D.F. Respondent was declared elected by a majority of 1,805 votes. In his favour 47,817 valid votes were polled while petitioner secured only 46,012. Prayer is to declare the election of the respondent void.

(2.) The grounds alleged by the petitioner in support of his prayer are those coming under S.100(1 )(d)(iii) and 100(1)(b) as defined in the various provisions of S.123 of the Representation of the People Act (for short, 'the Act'). The allegations are contained in Para.9 to 36 of the petition. The other paragraphs of the petition are general statements. Grounds alleged in the petition as well as the schedule and affidavit are only repetitions of the facts and particulars stated in Para.9 to 36. Annexures are only supporting documents and tabulated statements of the particulars of the material facts.

(3.) For the sake of convenience in understanding I shall tabulate the allegations thus. (1) 2,000 applications for enlistment in the electoral rolls were received against the provisions of the Act and rules out of whom 640 persons mentioned in Annexure A were unauthorisedly included in the rolls. Out of them 256 persons were once deleted but now re-enlisted. (2) In violation of S.62(3) and (4) of the Act the names of 253 voters were enlisted more than once in the list and they exercised their votes twice. A list of 262 instances of double voting is given in annexure I. (3) 455 persons below the age of 21 shown in annexure J were enlisted as voters and they exercised their franchise. (4) 60 persons who would have cost their vote in favour of the petitioner were illegally