GOPALAKRISHNAN Vs. SARASI

JUDGEMENT

(1.) Whether non mentioning of pendency of a criminal case, in which the candidate is one of the accused, would make Form 2A submitted by him along with his nomination paper, in compliance with S.52(1A) of Kerala Panchayat Raj Act, a fake statement which is a ground for setting aside an election under S.102(1)(ca) of Kerala Panchayat Raj Act, 1994 This is the question to be decided in this appeal.

(2.) Appellant is the elected candidate of Ward No. 7 of Athiyannoor Block Panchayat of Neyyattinkara Taluk held on 24/09/2005. First respondent is the election petitioner. Respondents were the other candidates. Appellant was declared the elected candidate having secured 3256 votes as against 2779 votes secured by first respondent. First respondent filed OP (Election petition) 479/2005 before District Court, Thiruvananthapuram to declare the election of the appellant void and to declare herself as the duly elected candidate. Election was sought to be declared void on the ground that the appellant was third accused in CC 292/2005 on the file of Judicial First Class Magistrate, Neyyattinkara and cognizance in that case was taken on the final report filed by the police after investigation in Crime 309/2004. It was contended that as the appellant suppressed the pendency of CC 292/2005, where he figured as the third accused, there is material suppression of facts in Form 2A submitted by him and therefore there is noncompliance with the provisions of Kerala Panchayat Raj Act and Rules and election of the appellant is to be declared void on that ground. She also sought to declare herself as the elected candidate. Appellant filed an objection to the election petition contending that no case was pending trial against him, when he filed his nomination paper and no false statement was submitted and therefore his election cannot be declared void.

(3.) No oral evidence was adduced by both the parties. Exts. A1 to A8 and Exts. X1 to X1(c) were marked on the side of first respondent. On the side of appellant Ext. B1 was marked.