(1.) THIS Election Petition is filed by the defeated candidate from 9 -Thrissur Constituency to the House of People for which poll was conducted on 28. 2. 1998 and the result was declared on 3. 3. 1998, to declare that the election of the 1st respondent - returned candidate is void and to declare that the petitioner has been duly elected from 9 -Thrissur Constituency in the election to the House of People for which poll was held on 28. 2. 1998.
(2.) THE 1st respondent, who is the contesting respondent has filed a detailed written statement controverting and denying the allegations made in the Election Petition against him. He has also filed CMP no. 4942/98 to dismiss the Election Petition at the threshold without hearing it on merits.
(3.) THE learned senior counsel appearing for the election petitioner has submitted that the petitioner has signed and verified the above election petition filed under S. 101 (b) of the Representation of the People Act to declare the election of the 1st respondent as void and to declare that the petitioner has been duly elected. According to him, in spite of the fact that the petitioner has signed at the bottom of all pages in pages 1 to 13 of the pleadings and in page 14 wherein the reliefs are claimed and verified in page 14 as contemplated under O. VI R. 15 of the CPC, the 1st respondent has raised the contention that there is no signature below the reliefs claimed in the Election petition. In order to cure that defect the petitioner has filed C. M. P. 5092/98, though the contention raised by the 1st respondent is a highly hyper-technical contention.