A defeated candidate who made an unsuccessful attempt to unseat the returned candidate is the appellant. His Election Petition was rejected, not at the threshold, but after the commencement trial, on the ground of maintainability.

2. The appellant and the respondent were candidates for the election to the Local Bodies held on 24.9.2005. They contested from No.10 of Muthuvara Division of Puzhakkal Block Panchayat. The respondent was declared elected. Appellant filed Election Petition No.262/2005, before the District Court, Thrissur, for a declaration that the election of the respondent is void, on the ground that the result of the election was materially affected by improper counting of votes, improper tabulation, and other material irregularities. It was alleged that there was violation of the provisions of the Kerala Panchayat Raj Act, 1994, (for short ‘the Act’) and the Kerala Panchayat Raj (Conduct of Election) Rules, 1995, (for short ‘the Rules). There was also a prayer to declare the appellant as elected.

3. In paragraph 6 of the Original Petition, it was averred, that the counting of votes was held on 27.9.2005, at Sree Sarada Girls Higher Secondary School at Puran