JUDGMENT :

V. RAMASUBRAMANIAN, J.

Leave granted.

2. Aggrieved by the Judgment passed by the High Court of Kerala, confirming an order passed by the Additional District Judge setting aside his election as Councilor of Ward No.5 of Annamanada Gram Panchayath, in the elections held in November-2015, the elected candidate has come up with the above appeals.

3. We have heard the learned counsel for the respective parties.

4. The brief facts essential for the disposal of the above appeals are as follows:

(i) On 5-11-2015, elections to the Annamanada Gram Panchayath were held. Apart from others, the appellant and respondent No.1 contested from Ward No.5.

(ii) On 7.11.2015, the appellant was declared as having been elected from Ward No.5.

(iii) Respondent No.1 filed an Election Petition on the file of the District Munsif Court, on 4.12.2015 challenging the election of the appellant.

(iv) By a Judgment dated 19.11.2016, the Election Petition was dismissed by the District Munsif Court, primarily on the ground that there was no prayer in the Election Petition to declare the election of the appel