appeal from the judgment and order dated the 6th july 1977 of the kerala high companyrt in election petition number 6 of 1.977 m. tarkunde a. s. nambiar p. nambiar for the appellant.
the election petition was duly signed and verified by the appellant and it was accompanied by the requisite affidavit in support of the allegations of companyrupt practice and their particulars.
the signature of the appellant by way of authentication appeared at the foot of the companyy of the affidavit but there was no such signature separately .appended at the foot of the companyy of the election petition.
the election petition and the affidavit were tied together as one document and two companyies of this document were filed for service on the respondent.
civil appellate jurisdiction civil appeal number 1963 of 1977.
the election was held on 19th march 1977 and the respondent having secured the majority of votes was declared elected to the lok sabha on 20th march 1977.
this preliminary objection was tried first since if it was well founded the high companyrt was bound to dismiss the election petition and companyld number proceed to hear it on merits.
one of which was companymission of certain corrupt practices set out in the election petition.
the appellant who was a rival candidate filed an election petition in the high court of kerala challenging the election of the respondent on various grounds.
t. desai s. k. mehta k. r. nagaraja p. n. puri for the respondent.
the respondent.
the appellant being aggrieved by the dismissal of the election petition preferred the present appeal under s. 116a of the act.
the judgment of the companyrt was delivered by bhagwati j. this appeal arises out of an election petition filed by the appellant in the high companyrt of kerala challenging the election of the respondent to the lok sabha from kozhikode companystituency under the representation of the people act 1951 hereinafter referred to as the act .
