SHYNI SANTHOSH Vs. CYRIAC GEORGE AND ORS.

JUDGEMENT

(1.) The controversy in this case relates to the elections to ward No.7 of the Ramapuram Grama Panchayat and one among the pivotal issues in focus is the manner in which the attestation of the signature of a voter casting a postal ballot is to be done by the Attesting Officer in Form No.16 of the Kerala Panchayat Raj (Conduct of Election) Rules, 1995.

(2.) The elections were held on 5.11.2015 and the results were declared on 7.11.2015, leading to the declaration of the petitioner herein - Smt.Shyni Santhosh, to be elected, having secured 484 votes.

(3.) The 1st respondent - Shri.Cyriac George, was the closest candidate, securing 482 votes; and he, thereupon, challenged the elections under the provisions of the Kerala Panchayath Raj Act, 1994 (hereinafter referred to as "?the KPR Act "? for short) on four grounds, namely:- (a) One of the votes cast in one of the booths has not been recorded in the voting machine; (b)that three postal ballot votes are void because the statutory Form No.16 accompanying them, have not been signed by the voters; (c) that six votes in booth No.1 had not been recorded; and (d) that a person by name Shri.Rajendran cast his vote twice.