Whether non mentioning of pendency of a criminal case, in which the candidate is one of the accused, would make Form 2A submitted by him along with his nomination paper, in compliance with Section 52(1A) of Kerala Panchayat Raj Act, a fake statement which is a ground for setting aside an election under Section 102(1)(ca) of Kerala Panchayat Raj Act, 1994? This is the question to be decided in this appeal.

2. Appellant is the elected candidate of Ward No.7 of Athiyannoor Block Panchayat of Neyyattinkara Taluk held on 24/9/2005. First respondent is the election petitioner. Respondents were the other candidates. Appellant was declared the elected candidate having secured 3256 votes as against 2779 votes secured by first respondent. First respondent filed O.P(Election petition) 479/2005 before District court, Thiruvananthapuram to declare the election of the appellant void and to declare herself as the duly elected candidate. Election was sought to be declared void on the ground that the appellant was third accused in C.C.292/2005 on the file of Judicial First Class Magistrate, Neyyattinkara and cognizance in that case was taken on the final report filed by the police after i