P.K.BALASUBRAMANYAN
Saraswathi – Appellant
Versus
Kamala – Respondent
Balasubramanyan, J.
The revision petitioner was the successful candidate from Ward VI of Kumbadaje Grama Panchayat in the Panchayat Election held on 23.9.1995. One of the defeated candidates, respondent No.1 herein filed an Election Petition O.P. 9 of 1995 under S.88(b) of the Kerala Panchayat Raj Act, hereinafter called the Act, challenging the election of the revision petitioner. The revision petitioner raised objections to the Election Petition. Among the various objections, she also raised two preliminary objections regarding the maintainability of the Election Petition and sought a rejection of the Election Petition under S.93(1) of the Act. The two objections raised were that the Election Petition was not presented by the Election Petitioner (the present first respondent) in person as required by S.89 of the Act. The other was that there were allegations of corrupt practice in the Election Petition but the same was not supported
by an affidavit as contemplated by S.91 of the Act and consequently, the Election Petition was not in accordance with S.89 of the Act. On the side of the Election Petitioner, it was contended in answer that there was no obligation on the pe
AIR 1974 SC 1185; AIR 1973 SC 2364; AIR 1969 SC 1024; ILR 1978 MP 569
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