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1995 Supreme(Ker) 15

N.DHINAKAR
Devaki – Appellant
Versus
Kaveri Amma – Respondent


Judgment :-

The petitioner was declared as a Member of Ward I of Paivalika Grama Panchayat in Kasargode Panchayat in the election conducted on 23.9.1995. The 1 st respondent in the O. P. filed a petition under Sec. 88(a) of the Kerala Panchayath Raj Act (for short 'the Act') before the Principal Munsiff, Kasargode on 29.9.1995 challenging the election of the petitioner on the ground that the counting of votes was not properly done. The said O. P. filed by the 1 st respondent was numbered as O. P. No. 6 of 1995 and notice was sent to the petitioner on the above said petition along with the copy of the election petition.

2. The petitioner on receipt of the notice in the election petition and the copy of the election petition filed an objection before the Principal Munsiff raising 3 points, namely: (1) that the Govt. have not notified the appropriate courts for dealing election cases after consulting the High Court as contemplated under Sec. 89(c) of the Act, and so the Principal Munsiff, Kasaragode, has no jurisdiction to deal with the election petition filed by the 1 st respondent; (2) that the election petition was not properly filed in terms of sub-sec. (2) of Sec. 89 of the Act as









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