PALODE RAW Vs. MANGODE RADHAKNSHNAN

JUDGEMENT

(1.) This petition necessitates resolution of certain apparent conflicts arising from amendments brought to the Code of Civil Procedure through CPC (Amendment) Act of 1999 and 2002.

(2.) In this Election Petition challenging the election of the 1st respondent to the Kerala Legislative Assembly from Nedumangad Constituency in the general elections pursuant to polling held on 10/5/2001, the petitioner and some official witnesses have been examined and the stage has been reached when evidence is to be collected from various witnesses with regard to double voting, alleged incompetence of some persons to be voters in view of minority and the like, denial of voting right based on alleged removal from the electoral roll after the last date for filing nominations etc

(3.) The prayer in the present petition is that considering the fact that as many as 500 witnesses who are residents of Nedumangad have now to be examined from the above categories, the collection of evidence may be made in sittings of the Judge of the High Court to be held at Thiruvananthapuram which will substantially reduce the expenses of the petitioner and also mitigate the inconvenience to all parties