HARISCHANDRA Vs. S K MOHAMMED

JUDGEMENT

(1.) Petitioner is the successful candidate in the election to the Manjeshwar Block Panchayat which was held on 23-9-1995.

(2.) The 1st respondent, an unsuccessful candidate filed O.P.No. 28 of 1995 before the District Judge, Kasaragod, challenging the election of the petitioner under S.89 of the Kerala Panchayat Raj Act (for short 'the Act).

(3.) Petitioner on receipt of notice on the election petition appeared before the District Judge and raised two objections contending that the provisions of S.89 of the Act were not complied with. His objection was that what was served upon him was not the true copy of the election petition filed under S.89(1) of the Act and hence there was no compliance with the provisions of S.89(2) of the Act. According to the petitioner, in the copy served upon him the words "true copy" were not found written though the 1st respondent has affixed his signature. His further objection before the Trial Court was that the documents filed along with the original petition were not furnished to him along with the copy of the election petition as according to him, the documents form integral part of the petition and as such there is violation of the provisions of S.89(2) of the Act. The learned District Judge on consideration of the objections raised by the petitioner and after an elaborate discussions, by his order dated 5-12-1995 rejected the said contentions and hence this original petition.