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2007 Supreme(Ker) 337

K.PADMANABHAN NAIR
P. P. Arshad – Appellant
Versus
Nellancheri Musthaffa – Respondent


Judgment :-

1. The First Appeal from Orders is filed by the respondent in O.P. (Election) No.109/2005 on the file of the District Court Manjeri. C.R.P.No.997/2006 is filed by the petitioner in the above said original petition. The F.A.O is filed by the returned candidate challenging the judgment of the court below declaring his election from Ward No.14 (Paravanna Division) of Tirur Block Panchayath as void. The C.R.P. is filed by the petitioner against the part of the order of the court below by which it held that debt due to Kerala State Financial Enterprise is not a debt due to Government within the meaning of Section 34 (1) (j) of the Kerala Panchayath Raj Act (Act for short) and hence a candidate who is in arrears to K.S.F.E. and fails to discharge the debt even after the expiry of the period specified in a bill or notice served on him is not disqualified for being chosen as and for being a member of Panchayath

2. The parties are referred to as arrayed in the Original Petition. The petitioner and respondents were candidates for the election to local bodies held on 26-9-2005. They contested from ward No.14 (Paravanna Division) of Tirur Block Panchayath. The 1st respondent was dec





















































































































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