UMESH CHALLIYIL Vs. K P RAJENDRAN

JUDGEMENT

(1.) Petitioner challenges the election of the respondent as a Member of the Kerala Legislative Assembly from No. 67, Kodungallor Assembly constituency, the polling for which was held on 29-4- 2006. The results were declared on 11-5-2006. The respondent, the returned candidate polled 53197 votes while the petitioner polled 50675 votes. The respondent K. P. Rajendran, thus, won by a margin of 2522 votes over the petitioner Umesh Challiyil.

(2.) The election of the respondent is challenged on the ground that he and his election agent and other agents, with the consent and knowledge of the election agent, published leaflets, posters etc. touching the personal character of the petitioner, the contents of which are false and false to the knowledge of the persons who made and published them. The allegations are made on the premise that the respondent is guilty of corrupt practice in terms of Section 123(4) of the Representation of the People Act, 1951, hereinafter referred to as the "Act".

(3.) The petitioner alleges that Ext. P1 notice with the caption "within five years of Umesh Challiyil s Rule itself Kodungalloor Town is in the grip of goondas and attackers", was published in the name of "Janapaksham and that there is no entity by such name. It is alleged that Ext. P1 leaflet was distributed by Sasi, an active worker of LDF, who was a polling agent of the respondent in Mathilakam area. That leaflet was allegedly delivered to Thajudeen and other voters. Sasi along with Ajayan (R.W. 3) is alleged to have distributed Ext. P1 pamphlet to Sajesh (P.W. 3) and Mohan, among others. It is alleged that such publication and distribution of Ext. P1 was with the consent, knowledge and active participation of R.W. 1, the election agent of the respondent and it was he who deputed them for election work. A complaint in relation to the publication of Ext. P1 was lodged with the Election Observer and consequently, Ext. P4 FIR was registered. It is pleaded that the contents of Ext. P1 and its publication amount to corrupt practices falling within Section 123(4).