KUZHIPATHALIL MATHAI YOHANNAN Vs. MATHEW JOSEPH

JUDGEMENT

(1.) The revision petitioner and the respondents are candidates who contested the election held on 25-9-1995 from Ward No. 2 of Vallavoor Grama Panchayat. The petitioner secured 395 votes whereas the first respondent secured 396 votes and so the first respondent was declared elected by the Returning Officer.

(2.) The election of the first respondent was challenged by the petitioner before the Munsiff's Court, Changanacherry which as per order in Election O.P.No. 1 of 1995 set aside the election of the first respondent. The Munisiff's Court on a perusal of the ballot papers found that the petitioner as well as the first respondent secured equal number of votes, 395 each and so it decided to select one of them on the basis of lots in which the petitioner was lucky to be successful.

(3.) The order of the Munsiff's Court was challenged by the first respondent by filing an appeal, A. S. (Election No. 52 of 1997 before the District Court, Kottayam which allowed the appeal setting aside the order of the trial Court. It is challenging the judgment in A.S. (Election) No. 52 of 1997, the petitioner has approached this Court in revision under Section 115 C.P.C.