ROSAMMA PUNNOSE Vs. BALAKHRISHNAN NAIR

JUDGEMENT

(1.) At the last General Election held in March 1957, the appellant was declared duly elected to the Legislative Assembly of this State from the General Seat of the Devicolam Constituency. In April the 1st respondent, a candidate whose nomination had been rejected by the Returning Officer, filed the present petition for a declaration that the election of the appellant was void on the ground mentioned in Section 100(1) (c) of the Representation of the People Act, 1951, (hereinafter referred to as the Act). The petition has been allowed by the Election Tribunal, Kottayam, and hence this appeal.

(2.) The 2nd respondent was returned from the reserved seat, and against him no relief has been claimed. He may be ignored altogether and we shall hereafter refer to the 1st respondent (namely, the petitioner before the Tribunal) as merely the respondent.

(3.) The only question is whether the rejection of the respondent's nomination was improper. If it was, it is not disputed that in view of Section 100(1) (c) of the Act the election of the appellant has to be sat aside. The competence of the respondent to maintain the petition was never in question.