Whether an election petition filed to set aside the election under Section 102(1)(d)(i) of Kerala Panchayat Raj Act can be treated as an election petition to set aside the election under Section 102(1)(ca)? Whether without pleading as to how Form 2A furnished under Section 52(1A) of Kerala Panchayat Raj Act is fake, a petitioner is entitled to adduce evidence to prove that the details furnished are fake and even if such evidence is adduced, whether court can set aside the election based on that evidence without pleading?

2. First respondent filed an election petition before Munsiff Court, Hosdurg challenging the election of petitioner to Ward No.XIII of Ballal Gama Panchayat. Petitioner was declared the elected candidate, on the election conducted on 27.9.2005. First respondent was the only other candidate. Election petition was filed to set aside the election on the ground Section 102(1) (d) (i) and 102(1) (d) (iii). The learned Munsiff under Ext.P4 order, on the evidence of PWs 1 and 2, RW1 and Ext.A1 to A3 and Ext.X1 to X3(a) set aside the election under Section 102(1)(d)(i) holding that nomination of the petitioner was improperly accepted. First respondent was declar