R P MOIDUTTY Vs. P T KUNJU MOHAMMAD

JUDGEMENT

(1.) This appeal under Section 116A of The Representation of the People Act, 1951 (hereinafter, the Act, for short) has been preferred by the candidate who lost at the election and also in the election petition challenging the election of respondent No. 1, who had succeeded at the polls.

(2.) Election to the 65 - Guruvayur Legislative Assembly constituency in Kerala was held on 27-4-1996. The appellant contested the election on the symbol of 'ladder' of the Muslim League Party with the support of the United Democratic Front. The respondent No. 1 was an independent candidate supported by the Left Democratic Front owing allegiance to Communist Party of India (Marxist). There were seven other contesting candidates also. The result was declared on 8-5-1996. The real contest was between the appellant and the respondent No. 1. The appellant secured 37034 votes. Respondent No. 1 secured 39870 votes. Thus the respondent No. 1 succeeded by a margin of 2836 votes over the appellant.

(3.) According to the petitioner (appellant herein) the result of the election was materially affected and vitiated by the commission of corrupt practice within the meaning of sub-sections (3) and (3A) of Section 123 of the Act by the respondent No. 1. According to the appellant, the Marxist Party had launched Video Cassette Ex. P-2 entitled as 'VICHARANA' (i.e. Trial). The script of the video film was written by the respondent No. 1. He had also directed and produced the said video film. It was exhibited throughout the constituency during the election. The photo-contents of the video cassette as also the speeches contained therein were highly objectionable and inflammatory.