FAIZAL Vs. USSAINAR KUNHI
LAWS(KER)-2003-2-84
HIGH COURT OF KERALA
Decided on February 21,2003

FAIZAL Appellant
VERSUS
USSAINAR KUNHI Respondents

JUDGEMENT

- (1.) he revision petitioner is the returned candidate in an election to the Padna Grama Panchayat of Kasaragod district. The election petition was filed as O.P. 30 of 2000 before the Munsiff's Court, Hosdurg by the first respondent arraying the returned candidate / revision petitioner and three others as respondents. Since it was found by the Returning Officer that the number of valid votes polled in favour of the revision petitioner and the first respondent were equal, a declaration regarding election was made by draw of the lot.
(2.) The election was sought to be set aside on various grounds including irregularities in the procedure adopted by the Returning Officer for the draw; that there has been no proper verification of valid and invalid votes; that the counting and recounting process has been irregular; that the valid votes polled in favour of the first respondent have been rejected; that the revision petitioner is guilty of corrupt practices etc.
(3.) Upon entering appearance in response to the notice issued by the Court, the revision petitioner filed preliminary objections contending that the Original Petition itself is not legally maintainable and sought for its summary rejection. The lower Court overruled the preliminary objections and held that the Original Petition is maintainable. It is that order of the lower Court which is now sought to be revised by the revision petitioner.;


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