KUNHIMOHAMMED Vs. T M JACOB

JUDGEMENT

(1.) RESPONDENT and 17 other candidates contested for the assembly seat from (No. 81) Kothamangalam Assembly Constituency in the general election held in March 1987. The nearest rival Prof. T. M. Parly was defeated by the respondent by a margin of 2132 votes. Positioner, an elector, seeks to declare the election void on several grounds coming under S. 123 (2) and one ground coming under S. 123 (7) of the Representation of the People Act.

(2.) RESPONDENT filed written statement denying the allegations and issues were settled. Petitioner was examined as Pw. 1. At that time it was felt in the interest of justice that it is better to have a preliminary bearing on the disclosure of cause of action before the trial of the petition being allowed to engage the precious time of the court further. Both sides agreed to such a course and the matter was heard.

(3.) IN this case toe corrupt practices alleged are the following (I) With the intention of influencing the voters who are Catholic nuns the respondent who was then a Minister gave undue preference to a lady in the matter of appointment. (2) After declaration of election with the positive purpose of influencing the electors he sanctioned or caused to be sanctioned six pre-primary schools in his Constituency. (3) IN order to influence the voters he sanctioned Rs. 1 lakh each for the development of certain schools in the constituency. (4) With the same object he distributed uniforms to students out of turn with a request to the teachers to tell the parents that victory of the respondent is essential for the good of the locality (5) After nomination he influenced the officers of the K. S. E. B. to supply electric posts to create an impression that a number of new electric connections are going to be given. (6)Pots and implements were supplied to Harijan families with information that they are supplied by the respondent and with request that they should vote for him (7) Loans were distributed with the object of influencing electors (8) IN order to influence the electors the construction of a road was started (9)Water connections were given on the eve of the election to influence the voters (10) Workers of the respondent gave one saree and Rs. 100 each to poor Harijan families (11) One Kuriakose was appointed on the eve of election to a particular post (12) For influencing the electors a bus route was started and (13) Respondent distributed a false appeal from Mr. P. J. Joseph to vote for him. These are the corrupt practices alleged under S. 123 (2 ). One allegation coming under S. 123 (7) is that certain Government officers worked for the respondent. The only other allegation is under S. 123 (6) that in violation of S. 77 respondent incurred election expenditure of Rs. 75 lakhs.