V A SHABEER Vs. P A NIAMATHULLA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the learned Single Judge of the Kerala High Court whereby the learned Single Judge allowed the appeal filed against the order of the Trial Court and declared the election of the appellant void.

(3.) The appellant and the respondent were the candidates who contested the election from Ward No.2 of Alangad Block Panchayat held on 24th September, 2005. The appellant was declared elected. The candidate who lost the election (respondent herein) challenged the election by way of an Election Petition before the Election Tribunal mainly on two grounds. It was first contended that the officer who accepted the nomination papers of the appellant had no authority to receive the same and secondly the appellant had not made or subscribed an oath or affirmation before the Returning Officer or any other person authorized by the State Election Commission and, therefore, he was not qualified to fill a seat.