LAWS(KER)-2018-10-505

K.G. KURIAKOSE Vs. MOHANAN VELAYUDHAN

Decided On October 23, 2018
K.G. Kuriakose Appellant
V/S
Mohanan Velayudhan Respondents

JUDGEMENT

(1.) Against the order in C.M.A.No.43 of 2017 of Additional District Court-VII, Ernakulam in Election (OP) No.11/2015 of the Munsiff's Court, Muvattupuzha, the petitioner came up with this revision.

(2.) The election of a returned candidate in a ward in Varapetty Grama Panchayat was under challenge in Election (OP) No.11/2015 before the Munsiff's Court, Muvattupuzha, on the ground that there is noncompliance of requirement under Section 52(6) of the Kerala Panchayat Raj Act, 1994 (for short 'the Act'). The election petition was allowed by the learned Munsiff and set aside the election of the returned candidate. It was reversed by the appellate court in C.M.A.No.43/2017 which is under challenge in this revision.

(3.) The only ground raised is the non-compliance of the requirement under Section 52(6) of the Act that instead of three nomination papers, four nomination papers were submitted which were improperly accepted by the returning officer.