K. Sen, Y. S. Chitale, P. Surendaran, P. B. Dadachanji J. K. John, C. K. Srivashanker Panicker, T. R. Raman Pillai and Manjul Kumar, for the Appellant In C.A. 99/78 .
S. Chitale, Miss P. Nambiar and A. S. Nambiar for the Appellant in C.A. No.
This respondent is number aware as to whether Shri Joseph Thomas actually addressed the said meeting exhorting to work for the victory of this respondent.
79/78.
From the Judgment and order dated 21 12 1977 of the Kerala High Court in Election Petition No.
Govindan Nair.
Obtaining or procuring his services for the furtherance of the prospects of the 1st respondents election is a companyrupt practice falling within the mischief of Sec.
A reply was filed by Joseph Cheriyan substantially supporting the election petition, but it has numberbearing on the case.
Addressing the meeting he exhorted the Parish Priests an i leaders of Community assembled in that meeting to work for the success of Shri K. M. Mani Ist respondent as it was in the interest of the Church and Community.
This respondent is number aware of Shri Joseph Thomas having any antipathy towards the opposition parties.
N. Sudhakaran, Mathew Zachariah and Mrs. Krishan for Respondent No.
As the entire allegation in that respect has been stated in para graph 5 of the election petition, it will be companyvenient to extract it here, The same meeting was attended and addressed by Shri Joseph Thomas, I.P.S., City Police Commissioner, Trivandrum.
The appellant filed a written statement in which he traversed the averments in the election petition and, in regard to the allegation in paragraph S, he set up the following defence, This respondent denies the averments in para 5 of the petition.
99 and 79 of 1978.
Polling at the election was held on March 19, 1977, and the result was declared on March 20.
79 of 1978.
94 of Legislative Assembly.
In both the Appeals The Judgment of the Court was delivered by SHINGHAL, J. These two appeals are directed against two orders of the Kerala High Court dated December 21, 1977, in the election petition of respondent P. J. Antony, an elector of the Palai companystituency No.
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.
This respondent denies that Shri Joseph Thomas went to Palai at the instance A of this respondent.
The appellant obtained 39,664 votes.
It therefore declared K. M. Manis election from the companystituency to be void, with companyts, but rejected the prayer for directing N. C. Joseph to have been elected.
The High Court held that M. Mani obtained and procured the services of Joseph Thomas, a police officer, in furtherance of the prospects of his election and a companyrupt practice was companymitted under sub section 7 of section 123 of the Representation of the People Act, 1951, hereinafter referred to as the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
While K. M. Mani has filed appeal No.
The appellant was a Roman Catholic and was working as the Finance Minister of the Kerala Government at the time of the election.
The said Police officer is known for his antipathy towards the opposition Parties.
We shall therefore companyfine ourselves to the question whether that companyrupt practice was companymitted by the appellant and Joseph Thomas.
17 of 1977.
N. C. Joseph, who was also a Roman Catholic, was an independent candidate.
It made a separate order the same day naming K. M. Mani and Joseph Thomas as the persons who were guilty of the companyrupt practice.
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.
which had entered into some sort of an election alliance with some other parties.
He was the candidate of the Kerala Congress.
The trial companyrt however found that the appellant had companymitted a companyrupt practice under sub section 7 of section 123 and, as has been stated, it named him and Joseph Thomas as the persons who had been proved at the trial to be guilty of that companyrupt practice.
It was alleged in the election petition that a meeting of the priests of the various parishes of the Roman Catholic Church within the area of the Palai companystituency and certain other leaders of the Catholic Community was companyvened at the Bishops house Palai, on March 12, 1977, at 8 p.m. which was presided over by the Bishop and was attended and addressed by Joseph Thomas who was an officer of the Indian Police Service and was posted as City Police Commissioner, Trivandrum.
Shri Joseph Thomas actually addressed this meeting exhorting to work for the victory of the 1st respondent.
The said Joseph Thomas is a member of the Police Force and a Gazetted Officer.
123 7 of the Representation of People Act, 1951.
99 of 1978 and will hereafter be referred to as the appellant, Joseph Thomas has filed appeal No.
He has number gone to Palai with this respondents companysent and knowledge to assist the companyvening of any meeting of Bishop and Priests for furtherance of the prospect of the victory of this respondent in the election.
This respondent has number obtained or procured his services for furtherance of the prospects of this respondents election.
The allegations about the companymission of the companyrupt practices were set out in paragraphs 4, 5 and 6 of the election petition.
This respondent is number aware of any exhortation having been made by Shri Joseph Thomas as alleged in paragraph S of the petition.
This respondent does number know whether Shri Joseph Thomas attended or addressed the meeting as alleged in para S of the election petition.
The High Court framed three rather general issues raising the question 1 whether the election petition was maintainable, 2 whether the election of the appellant was vitiated by all or any of the companyrupt practices alleged in the petition, an l 3 what companyts and reliefs were admissible to the parties.
Shri Joseph Thomas went to Palai at the instance of 1st respondent Minister or with his companysent and knowledge to k assist the companyvening of the meeting of the Bishop and Priests for the furtherance of the prospect of the victory of the Ist respondent in the election.
