VAHEED Vs. JOBAI SILVA

JUDGEMENT

(1.) This revision challenges the appellate order in an election O.P. Petitioner is the successful candidate for Ward No. 14 in the Thiruvananthapuram Municipal Corporation election, whose election has been set aside by the Additional District Judge in appeal.

(2.) Brief facts leading to the filing of this C.R.P. under S.115 CPC are as follows: Election to the Thiruvananthapuram Municipal Corporation was notified on 19.8.1995. The last date for receipt of the nomination was 27-8-95. Nominations were scrutinised on 28-8-95. 30.8.95 was the last date for withdrawal of the nominations. Election to Thiruvananthapuram Municipal Corporation was held on 23-9-95. Petitioner was declared elected for Ward No. 14 of the Corporation. The 1st respondent challenged the election before the Election Court / Principal Munsiff unsuccessfully. On appeal before the Additional District Judge, the order of the Election Court was reversed and petitioner's election was set aside. The appellate court also declared that the 1st respondent is the returned candidate. The revision is against this order.

(3.) The allegations in the election petition can be summarised as follows: