LAWS(KER)-2012-7-669

BESSY DANIEL Vs. USHAKUMARI

Decided On July 20, 2012
Bessy Daniel Appellant
V/S
USHAKUMARI Respondents

JUDGEMENT

(1.) THE objection raised by the petitioner as regards the maintainability of the election petition was over -ruled by the court below by the order impugned. The objections are :

(2.) IT is submitted at the bar that the election petitioner has filed an application for amendment of the election petition. The verification part of the election petition is sought to be amended by recourse to Order VI Rule 17 of the Code of Civil Procedure. Such power is available to the election court as has been in Abdulla vs. Jose (2012 1 KLT 22). It is for the court below to consider whether the amendment should be allowed or not. No grounds exist to reject the election petition at the threshold as warranted under Section 93(1) of the Kerala Panchayath Raj Act. The order of the court below over -ruling the objection of the petitioner who is the respondent in the election petition is well founded.