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2008 DIGILAW 123 (SC)

T. D. Byju v. Thiruvanchoor Radhakrishnan

2008-01-23

A.K.MATHUR, B.SUDERSHAN REDDY

body2008
ORDER : A.K. Mathur, J. Heard learned counsel for the parties. 2. This appeal is directed against the judgment and order dated 19.12.2006 passed by a learned Single Judge of the High Court of Kerala whereby the learned Single Judge has dismissed the election petition filed by the appellant- a voter against the elected candidate Thiruvanchoor Radhakrishnan. The election to the A door Legislative Assembly Constituency No. 11 9 to the Kerala Legislative Assembly was held on 11.5.2006 and the respondent herein won the election by a margin of 18,406 votes over his next rival D.K. John. The appellant who is a voter of the said Constituency challenged the election of the returned candidate on the ground that the indirect allegations of corruption leveled against D.K. John, the defeated candidate, were not correct and that mislead voters. Therefore, the appellant filed an election petition before the High Court. The election petition was dismissed in limine on account of the fact that the averments made in the election petition by the appellant were not true to his knowledge and therefore, the Court found that the petition is vague and the affidavit supporting the election petition did not disclose the source of information. 3. Aggrieved against the order of dismiss al of the election petition by the High Court, the appellant is before us by way of appeal. 4. We have heard learned counsel for the parties and gone through the impugned judgment. Learned counsel for the appellant has submitted that the view taken by the learned Single Judge is not correct. The allegations made in the petition are sufficiently supported by the affidavit and they are not vague. In support of the contention learned counsel invited our attention to decision of this Court in the case of F.A. Sapa and Others v. Singora and Others reported as (1991) 3 SCC 375 . 5. After going through the election petition as also the impugned judgment and order, we are of the opinion that the view taken by the learned Single Judge in the facts and circumstances of the case is fully justified. The allegations in the election petition are vague and the source of information has not been disclosed in the election petition. 5. After going through the election petition as also the impugned judgment and order, we are of the opinion that the view taken by the learned Single Judge in the facts and circumstances of the case is fully justified. The allegations in the election petition are vague and the source of information has not been disclosed in the election petition. Election law is a special law and proper pleadings are required to be made and strict proof in support of pleadings is required to be made in the election petition. Any failure on the part of the election petitioner to make proper pleadings, the election petition is liable to be dismissed. This proposition of law is well settled and in that behalf the learned Single Judge in the impugned judgment has already referred to a large number of cases decided by this Court. 7. We are in full agreement with the view taken by the learned Single Judge. 8. Consequently, this appeal fails and is dismissed with costs assessed at Rs. 10,000/- The costs shall be deposited with the Supreme Court Legal Services Committee within a period of six weeks from today.