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2008 Supreme(Ker) 390

M.SASIDHARAN NAMBIAR
S. Mohammed Rafi – Appellant
Versus
Fathahudeen – Respondent


Advocates Appeared:For the Petitioners:V.V. Raja, M.T. Sureshkumar, Advocates. For the Respondents:M.K. Damodaran (Sr.), C.R. Sivakumar, Advocates.

Judgment :

First respondent was declared elected to Ward No.19 of Mayyanadu Grama Panchayath of Kollam District in the election held on 24-9-1995. Petitioner and respondents 2 and 3 were the other candidates. First respondent secured 385 votes out of the total polled votes of 1029. Petitioner received 382 votes, second respondent 5 votes and third respondent 230 votes. 27 votes were declared invalid. Petitioner filed O.P. (Ele.) 2 of 2005 before Additional Munsiff, Kollam to set aside the election of the first respondent. The election was challenged only on the ground of double voting. It was contended in the election petition that there were 13 double votes. The details of the votes were specifically pleaded. First respondent resisted the election petition denying the case of double voting. After the election petition was included in the special list petitioner filed, I.A. 1090 of 2006 on 4-3-2006 to amend the election petition incorporating the detail of one more double voting and to incorporate a relief of declaration that petitioner is the elected candidate. It was allowed and evidence was recorded. On the side of the petitioner, 14 witnesses were examined and Ext. A-1 and A-2 a

































































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