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1965 Supreme(Ker) 23

K.K.MATHEW
George – Appellant
Versus
District Munsiff, Kanjirappally – Respondent


Judgment :-

1. The petitioner in this writ petition was respondent No.1 in Election Petition No. 8 of 1963 before the District Munsiff, Kanjirappally. The 2nd respondent here, was the petitioner therein. The petitioner and respondents 2 and 3 were candidates for election from Ward No. 2 of Kuttikkal Panchayat at the election held on 27-11-1963. Respondent No. 3 withdrew his candidature within the time allowed by the rule. In the election the petitioner secured 226 votes and the 2nd respondent 225 votes. The petitioner was therefore declared to be the duly elected member of the panchayat from Ward No. 2. The 2nd respondent filed the election petition questioning the validity of the election of the petitioner on various grounds. That petition was heard and disposed of by the impugned order. By that order it was declared that the election of the Petitioner was invalid, and that the 2nd respondent was duly elected from Ward No. 2 of the Kuttikkal Panchayat as he was found to have secured the majority of votes. Ext. P1 is a copy of the order. The petitioner challenges the validity of this order for the reason that the Tribunal committed an error of law apparent on the face of the record



























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