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1996 Supreme(Ker) 190

K.SREEDHARAN, C.S.RAJAN
Kaveri Amma – Appellant
Versus
Devaki – Respondent


Judgment :-

Sreedharan, ag. C. J

First respondent in O. P. No. 17696/95 is the appellant. She was declared Member of Ward I of Paivalika Grama Panchayat in Kasaragod Panchayat in the election conducted on 23.9.1995. First Respondent in the Original Petition filed a petition under S.88(a) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the act) before the Principal Munsiff, Kasaragode challenging the election of the petitioner on the ground that the counting of votes was not properly done. That election petition was numbered as O. P. 6/95. Notice was sent to the petitioner on the above said petition along with a copy of the petition. Petitioner in the Original Petition filed her objection to the election petition raising three points. (1) Government had not notified the appropriate courts for dealing with election cases after consulting the High Court as contemplated under S.89(c) of the Act and hence the Munsiff s Court had no jurisdiction to deal with the petition; (2) that the election petition was not properly filed in terms of S.89(2) in as much as the copies of the election petition were not attested by the petitioner under her own signature to be true copies







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