BABY MATHAI Vs. AZHAKAN NARAYANAN

JUDGEMENT

(1.) The revision petitioner was declared elected from Constituency No. 8 of Pallipad Grama Panchayat in the election held in the year 1995. This was challenged by the respondent herein through O. P.(Election) No.l of 1995 in the Munsiff's Court, Harippad. The election was set aside on the ground that the revision petitioner failed to substantiate that he was actually a Hindu Pulaya entitled to contest in the particular reserved constituency. Appeal Petition No. 36 of 1996 filed by him before the District Court, Alappuzha did not succeed and that is how the revision petitioner has approached this court.

(2.) According to the learned counsel for the revision petitioner, the evidence adduced in the case has been mis appreciated by the two courts below and the burden of proof also has been wrongly cast. The case law applied is also not correct.

(3.) In the course of this revision C. M. P. 5730 of 1999 was filed for causing production of the extract of the tabulation register of S.S.L.C. Examination issued by the Secretary, Board of Public Examinations, Kerala in order to substantiate the fact that the petitioner is a Hindu Pulaya. The said petition was filed in the wake of the petitioner's contention that his original S.S.L.C. Book has been lost. As per the order dated 18-12-1999 the petition was allowed in part and summons was issued to the aforesaid Secretary to produce copy of the S.S.L.C. Book of the petitioner and this has also been produced subsequently.