- (1.) These two appeals are directed against two orders of the Kerala High Court dated Dec. 21, 1977, in the election petition of respondent P. J. Antony, an elector of the Palai constituency (No.94) of Kerala Legislative Assembly. P. J. Antony challenged the election of K. M. Mani in the general election of 1977 and prayed for a declaration that the other candidate N. C. Joseph, respondent No.2, had been duly elected in that election. The High Court held that K. M. Mani "obtained and procured the services" of Joseph Thomas, a police officer, "in furtherance of the prospects of his election", and a corrupt practice was committed under sub-s. (7) of S.123 of the Representation of the People Act, 1951, hereinafter referred to as the Act. It therefore declared K. M. Mani's election from the constituency to be void, with costs, but rejected the prayer for directing N. C. Joseph to have been elected. It made a separate order the same day naming K. M. Mani and Joseph Thomas as the persons who were guilty of the corrupt practice. While K. M. Mani has filed appeal No. 99 of 1978 and will hereafter be referred to as the appellant, Joseph Thomas has filed appeal No. 79 of 1978.
(2.) Polling at the election was held on March 19, 1977, and the result was declared on March 20. The appellant obtained 39,664 votes, N. C. Joseph who was the nearest rival at the election obtained 24,807 votes and the other defeated candidate Joseph Cheriyan obtained 521 votes.
(3.) The appellant was a Roman Catholic and was working as the Finance Minister of the Kerala Government at the time of the election. He was the candidate of the Kerala Congress, which had entered into some sort of an election alliance with some other parties. N. C. Joseph, who was also a Roman Catholic, was an independent candidate. The contest was thus between Roman Catholics.;