JAMES P.M. Vs. ABDUL SALAM O.A

JUDGEMENT

(1.) The Civil Revision Petition arises against the inlimine dismissal of an election petition under Section 93 (1) of the Kerala Panchayat Raj Act 1994, (hereinafter referred to as "the Act"). The trial court held that the election petition is liable to be dismissed at the threshold for non- compliance of Section 89(2) of the Act. The finding was reversed in appeal.

(2.) The election petition is filed by a voter. The first respondent in the election petition is the returned candidate. Respondents 2 to 4 are the other contestants and the fifth respondent is the returning officer. The election petition was filed mainly on two grounds viz. corrupt practice and non-disclosure of assets.

(3.) The maintainability of the election petition was challenged alleging non-compliance with the requirements under Section 89(2) of the Act in such that, the copy of the election petition supplied to the returned candidate was not a true copy of the original, the copies of the election petition and the affidavit accompanying the election petition were not properly attested as required under law.