SAIDALAVI K Vs. ABDUL AZEEZ

JUDGEMENT

(1.) The petitioner and respondents 1 to 6 were candidates at the election held for the reconstitution of Municipalities in Kerala on 5.11.2015. They contested from Ward No.31 in Palakkad Municipality. The petitioner was declared elected by a margin of 19 votes. Challenging the election on various grounds the first respondent filed E.O.P No.100 of 2015 in Prl Munsiff Court, Palakkad. He deposited Rs.1,000/ - in the Munsiff Court. One of the contentions raised by the petitioner is that the Election Petition is not maintainable because the first respondent deposited the amount of Rs.1,000/ - as security subsequent to the filing of the petition, and not at the time of its presentation as provided in Sub Section (1) Section 191 of the Kerala Municipality Act (hereinafter called the Act). This was heard as preliminary question. The learned Munsiff found that the first respondent deposited Rs.1000/ - in the Munsiff Court when the election petition was presented. This is questioned in this Civil Revision Petition.

(2.) Heard.

(3.) The first respondent presented the election petition on 2.1.2016 to the Munsiff, who made the following endorsement on the petition. 'Petitioner present. Check and call. Petitioner permitted to deposit Rs.1,000/ - which is the security amount'. Thereupon, the first respondent deposited Rs.1,000/ - in the Munsiff Court on the very same day.