Declaring Kahar's election as void, while allowing the election petition of BSP Candidate S Prahaladan, Justice S S Sateeshchandran directed the Registry to communicate the decision to the Legislative Assembly Speaker and Election Commission.
The petitioner contended that the election was itself void as the rejection of his nomination was illegal. The returning officer had illegally rejected his nomination without proper application of mind, he submitted.
The court held that rejection of the nomination was illegal following which election to the constituency was declared void. The returning officer had "improperly" rejected the nomination papers of Prahaladan and the reason for such rejection, not affixing the stamp for notarisation in the affidavit is found to be "unsustainable," the judge said.
Meanwhile, a petition filed by Varkala Kahar to keep in abeyance the order till filing of the appeal has been reserved for orders.