BABY AUGUSTIAN, AGED 55 YEARS, S/O. SEBASTIAN, URUMBUKATTU VEETTIL, KADANADU KARA, KADANADU P.O., KADANADU VILLAGE Vs. ALEX KOZHIKKOTTU, AGED 54 YEARS, S/O. THOMAS, KOZHIKKOTTU HOUSE, KADANADU KARA, KADANADU P.O., KADANADU VILLAGE, PIN

JUDGEMENT

(1.) This is an application filed by the petitioner challenging Ext. P3 order of Munsiff, Pala in Ele.O.P No.1 of 2015 under Art. 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioner is the elected candidate belonging to Kerala Congress (M) from Ward 12 of Kadanad Panchayat. The respondent is an independent candidate supported by Left Democratic Front contested the election against the petitioner. The petitioner was declared elected in the election held on 05.11.2015 to the local self Government institutions and the results were declared on 07.11.2015. The petitioner challenged the election of the petitioner alleging that he had disqualified under Sec. 34(1)(b) (i) of the Kerala Panchayat Raj Act. Though the same question has been raised by him before the Returning Officer, he has rejected the same and accepted the nomination. Thereafter the election was conducted and he was declared elected in the election. There is bar under Sec. 34 (2) of the Kerala Panchayat Raj Act in this regard and as such, the petition is not maintainable. He had also contended in the counter that the verification is not proper as required under the Rules and as such, the petition is not maintainable. He had also contended that the detention in civil prison is not coming under the disqualification provided under Sec. 34(1)(b)(i) as well. The court below rejected these contentions and found that the application is maintainable and defect in the verification is curable defect and permitted the petitioner to cure the defect within seven days. This is being challenged by the petitioner by filing this petition.

(3.) Heard. Sri. M.Narendra Kumar, counsel appearing for the petitioner and Sri. Jawahar Jose, counsel appearing for the respondent.