K.VINOD CHANDRAN
Mujeeb – Appellant
Versus
Kunhalikutty – Respondent
K. Vinod Chandran, J.
1. The challenge raised is to the election of the 1st respondent, to the Kerala Legislative Assembly, from the Vengara Assembly Constituency, in the election held on 16.05.2016 and declared on 19.05.2016; by a member of the electorate. The respondents 2 to 6 are the other candidates who contested against the 1st respondent returned candidate.
2. The matter is placed before me on the basis of the defects notified by the Registry, which are as hereunder:
"1. CF Rs. 250/- is not paid as per Schedule II Article 11(4)(v) of the Kerala Court Fees and Suits Valuation Act.
2. Section 80A which gives jurisdiction to the High Court to try an Election Petition is not shown in the petition.
3. The Affidavit filed by the petitioner as referred to in the proviso to sub-section (1) of Section 83 is not sworn before a Magistrate of the First Class or a Notary or a Commissioner of Oaths as prescribed in R.94A of the Conduct of Election Rules, 1961".
The 1st respondent seeks for a hearing on whether the defects can be directed to be cured and I have heard Sri. D. Anilkumar, the learned Counsel for the petitioner and Sri. S. Sreekumar, learned Senior Counsel appearing for the 1
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