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1981 Supreme(Ker) 155

P.SUBRAMONIAN POTI, GEORGE VADAKKEL
MUHAMMED MASTER – Appellant
Versus
ABU HAJI – Respondent


Judgment :-

1. At the Panchayat election held on 18-9-1979 the petitioner-appellant was returned as a member of the Athavanadu Panchayat. The 2nd respondent who also contested the election questioned the validity of the appellant's election, before the 1st respondent, the Munsiff, Tirur, by filing Election Petition No. 2 of 1979. Therein the 2nd respondent raised allegations of corrupt and illegal practices. However, the election petition was not accompanied by a list signed and verified (in the manner provided for) setting forth the full particulars of corrupt and illegal practices alleged in the petition as required by R.5(5) of the Kerala Panchayats (Decision of Election Disputes) Rules, 1963 (hereinafter, the Rules). The petitioner-appellant, therefore, relying on R.5(8) of the Rules, contended that the election petition is to be dismissed in limine on the ground of non-compliance of R.5(5) of the Rules. The second respondent thereupon on 29-11-1979 filed an application, I. A. 2017 of 1979, seeking permission to produce a list of corrupt practices and to make appropriate amendments in the election petition. The 1st respondent-Munsiff on 11-12-1979 dismissed that application on














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