VILASINI POYILIL Vs. VALSALA @ P.T. VALSALA TEACHER

JUDGEMENT

(1.) The 1st respondent in E.O.P.No.4/2015 before the Munsiff Court, Koyilandy challenged the maintainability of the election petition through I.A.No.2215/2016 and being aggrieved by the impugned order dismissing the petition on 27.9.2017, she filed this Civil Revision Petition under section 115 of the Code of Civil Procedure.

(2.) The election petition was filed by the 1st respondent in this revision petition. She was a candidate sponsored by Indian National Congress in an election held to Ward No.18 of Kottur Grama Panchayat on 2.11.2015. She secured 515 votes whereas the returned candidate, who is the petitioner herein and the 1st respondent in the election petition also secured equal votes. A BJP candidate who is the 2nd respondent in the election petition secured only 81 votes. In view of the equality of votes secured by petitioner and the 1st respondent herein, the returning officer by draw of lot declared the petitioner herein to be as the returned candidate. Being aggrieved by the decision of the returning officer, the 1st respondent herein filed E.O.P.No.4/2015 challenging the validity of election on the ground that a few postal ballot votes were improperly rejected by the returning officer and the rejection materially affected the result of the election. The petitioner herein challenged the maintainability of the election petition on the ground that many of the mandatory provisions of the Kerala Panchayat Raj Act, 1994 (for short 'the Act') were not complied with by the 1st respondent. The court below, by impugned order dated 27.9.2017 on I.A.No.2215/2016 dismissed the plea objecting maintainability and held the election petition to be in order. The subject matter of challenge in this Civil Revision Petition is the correctness of the order passed by the Munsiff Court, Koyilandy.

(3.) The petitioner as well as 1st respondent secured 7 postal votes out of the total 17 postal votes cast in the election dated 2.11.2015. The remaining 10 votes were rejected by the returning officer on the ground that the voters failed to write their names in Form No.16 of Kerala Panchayat Raj (Conduct of Election) Rules, 1995 and therefore those votes are invalid. The contention of the petitioner in the election petition is that the postal voters had, in fact, signed the declaration in Form No.16 and also subscribed their signatures attested as per Form No.17 and therefore the postal votes cast by 10 voters were valid under law.