In Brief
The appellant, elected to the Kerala Legislative Assembly in 2016, challenged the maintainability of election petitions filed against him on grounds of corrupt practices under Section 123(4) of the Representation of People Act. The main issue was whether the election petitions were barred by limitation after the prescribed 45-day period expired, given that defects noted by the Registry were subsequently cured by court order. The Supreme Court held that when a petition is presented within time and the court itself orders minor defects to be rectified, the petition is not time-barred. The Court also held that transcribed contents and CDs of mobile phone recordings, along with translations, adequately discharge the requirement to furnish copies to the returned candidate, even if original phones are held in sealed covers. The appeal was dismissed.
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