SARAVANAN A. Vs. P. GOPAKUMAR ALIAS PALLAKKATTU GOPAN

JUDGEMENT

(1.) The short point of consideration in this petition filed under Article 227, Constitution of India is whether Election Petitioner shall sign each page of the copy of the Election Petition served on the respondent.

(2.) Petitioner is the elected candidate of Ward No. 3, Thiruvilwamala Block Panchayath held on 24.09.2005. First respondent filed O.P. 265 of 2005 before First Additional District Court, Trichur to set aside the election of the petitioner. Petitioner contended that election petition is not maintainable and is liable to be dismissed under Section 93(1) of Kerala Panchayat Raj Act as copy of the election petition furnished to the petitioner contains only one signature at the bottom of last page of the election petition and therefore, there is noncompliance with the mandatory provisions of Sub-section (2) of Section 89 of Kerala Panchayat Raj Act. The learned District Judge rejected said contention and held that the election petition is not liable to dismissed, under Section 93(1). It is challenged in petition filed under Article 227 of Constitution of India.

(3.) Learned senior counsel appearing for petitioner and learned Counsel appearing for the respondent were heard.