RAVINDRAN PILLAI Vs. GOPAKUMAR RAJAN

JUDGEMENT

(1.) The revision is directed against the judgment dated 12.6.2009 in Election Appeal No. 400/2008 passed by the learned First Additional District Judge, Ernakulam, confirming the order dated 6-12-2008 in O.P. 6/2005 passed by the learned Principal Munsiff, Emakulam setting aside the election of the petitioner, the returned candidate in ward No. 38 of Kalamassery Municipality, and declaring the first respondent as the candidate duly elected from that ward.

(2.) The above election petition Q.P. No. 6/2005 was filed by the first respondent, defeated candidate in the election held for ward No-.38 of Kalamassery Municipality in the general election to the Municipalities held on 24.9.2005. The second respondent was another candidate who contested the election from that ward. Whereas the petitioner, the returned candidate got 494 votes, first respondent got 492 votes and, second respondent, 57 votes. Having secured majority of two votes more than that of the first respondent, the petitioner was declared elected from ward No. 38 of Kalamassery Municipality,

(3.) Shorn of all paraphernalia, the case presented by the first respondent to impeach the election of the petitioner, returned candidate to the extent necessary and the conclusions formed by both the courts below to set aside the election and declare the first respondent as the duly elected candidate in brief is stated hereunder: