JUDGMENT

The petitioner is the returned candidate in the general election held on 08.12.2020 for the Kollam Municipal Corporation from the Alattukavu Division. The respondents are the other candidates contested in the election. The petitioner was elected by a margin of four votes. The election of the petitioner was challenged by respondent No.1 in O.P.(Election) No.3/2021 before the Additional Munsiff’s Court, Kollam.

2. The petitioner challenged the maintainability of the election petition on two grounds (1) the election petition has not been verified as provided in Section 167 (1)(c) of the Kerala Municipality Act, 1994 (hereinafter referred to as ‘the Act’) (2) the afÏdavit as mandated in the proviso to (1)(c) has not been filed.

3. The Trial Court, after considering the rival contentions, held that the election petition has been verified as required by the Statute and the afÏdavit filed as provided in Rule 62 of the Kerala Municipality (Conduct of Election) Rules, 1995, is a substantial compliance of the requirements of the Statute.

4. The Trial Court, therefore, dismissed the petition filed by the returned candidate as per order dated 27.10.2021. The said order is under chall