BINDU VIJAYAKUMARAN NAIR Vs. BINDU RAJAPPAN

JUDGEMENT

(1.) This CRP is filed by the 1st counter petitioner in O. P. (Election) 3/2000 on the file of the II Addl. Munsiff's Court, Thiruvananthapuram challenging the order dated 18.1.2001 in I.A. No. 10870/2000.

(2.) The above O. P. is filed by the respondent petitioner challenging the election of the revision petitioner from Ward No. 15 (Kariyam Constituency) of Sreekariyam Grama Panchayat. The revision petitioner filed the above I.A. to consider the preliminary issue regarding the maintainability of the O. P. alleging that the O. P. is not maintainable since it is filed in violation of the mandatory provisions of S.89(1) & (2) of the Kerala Panchayat Raj Act, 1994 in so far as the copy of the election petition served upon the revision petitioner is not attested as true copy by the respondent in page No. 1 to 4 of the petition and therefore, the O. P. is liable to be dismissed in limine.

(3.) The respondent has contended that there is no violation of S.89(1) & (2) of the Kerala Panchayat Raj Act and the O. P. is filed in strict compliance of the provisions of the Act. The respondent has also contended that it is not necessary to attest every page of the copy of the election petition by the petitioner and it is sufficient if the petitioner attested the last page of the petition. The lower court found that the non attestation on all pages in the O. P. by the petitioner therein is not fatal and it is sufficient if the petitioner attested at the foot of the petition and therefore, held that the election O. P. is maintainable. Accordingly, the lower court dismissed the I.A. Hence this revision is preferred by the petitioner before this Court.