M C JACOB Vs. A NARAYANAN

JUDGEMENT

(1.) These appeals have been filed under Section 116A of the Representation of the People Act, 1951 (in short the Act, against the final judgment and order dated 5.5.2008 passed by the High Court of Kerala in Election Petition No. 2/2006, declaring the election of the appellant (M.J. Jacob) from No.79 Piravom Legislative Assembly Constituency to be a member of Kerala Legislative Assembly, the polling for which was held on 29.4.2006, as void. The High Court has also made an order recording the names of O.N. Vijayan (election agent of the returned candidate) and two others Jinson vs. Paul and P.G. Manu as persons who have been proved at the trial to have been guilty of corrupt practice under Section 123 (4) of the Act of preparing, publishing and distributing the pamphlet (Ex.P1). C.A. No. 3611 of 2008 is by the returned candidate. C.A. No.5183 of 2008 is by his election agent and C.A. No.5774 of 2008 is filed by the persons named under Section 99(1)(a)(ii) of the Act.

(2.) Heard Shri Fali Nariman, learned Senior Advocate assisted by Ms. Malini Poduval and Vishnu B. Saharia for the appellants, and Shri K.K. Venugopal, learned Senior Advocate assisted by Ms. Bina Madhavan for the respondents. The impugned judgment was passed on an Election Petition challenging the election of the appellant M.J. Jacob as an MLA for the Kerala Legislative Assembly in the polling held on 29.4.2006. The High Court by the impugned judgment has declared the said election to be void on the ground that the appellant was guilty of corrupt practice under Section 123 (4) of the Representation of the People Act 1951 (in short "the Act").

(3.) The Election Petition in question was filed by a voter in the election and not a candidate.