P.P. USHA Vs. N.K. ANITHA

JUDGEMENT

(1.) 372 votes were cast in favour of the returned candidate and 371 votes were cast in favour of the election petitioner out of the total number of 776 votes polled. The election of the returned candidate was called in question under the provisions of the Kerala Panchayat Raj Act, 1994 on the following grounds:

(2.) MR . M. Sasindran, Advocate on behalf of the revision petitioner vehemently contended that the five invalid votes treated as valid votes in favour of the election petitioner in fact contained counter foils which were removed by the election court during inspection. There is nothing on record to show that such removal did take place as has been alleged by the revision petitioner in this Civil Revision Petition. No application raising such allegation was filed before the election court except a ground in the Civil Miscellaneous Appeal filed before the lower appellate court against the final verdict. There is paucity of evidence to hold that five votes treated as valid in favour of the election petitioner are to be treated as invalid due to the presence of counter foils therein.