POTTEKKAT KRISHNAN SUKUMARAN Vs. KUNJUVAREED JOSEPH MUNDASSERI

JUDGEMENT

(1.) THIS is an appeal by the petitioner in Election petition No. 242 of 1957. His petition to set aside the election of the respondent to the Kerala State Assembly from the Manalur Constituency (No. 66)was dismissed by the Election Tribunal, Ernakulam, by its order dated the 11th november, 1957. It is the correctness of that order that is challenged by this appeal under S. 116a of the Representation of the People Act, 1951.

(2.) THERE were three contesting candidates, the petitioner (Congress), the respondent (Communist) and one Govindankutty Nair (P. S. P.)who has not been impleaded either in the petition or in this appeal before us. The polling was on the 11th March 1957. The respondent secured 23,350 votes, the petitioner 21,355 votes and Govindankutty Nair, 2,486 votes. The result of the election was declared on the 14th March 1957.

(3.) THE relevant portion of Ext. A, the chalan dated 22-4-1957, is as follows: Table:#1 It is not disputed that the head of account specified in the chalan is correct. THE only question for consideration is whether the absence of other words indicating that the deposit was "in favour of the secretary to the Election Commission" is fatal to the maintainability of the petition or not.