JUDGMENT

This writ petition is filed to set aside Ext.P10 order passed by the Munsiff's Court, Kothuparamba in I.A.No.1975/2007 in O.P.(Ele.)12/2005. It is a case where the election is challenged on the ground of double voting. In pursuance to the said pleading the petitioner herein had taken out summons to witnesses Nos.1,3, 5,6,7,9,10,11,13,15,17,18,19,20,21,23,25,26 28,29,30, 32 and 35 to 44. All of them were returned unserved stating that they were not found in the locality. So far as summons to witnesses Nos.2,4,8,12,14,16,22,24,27 and 34 they were returned unserved stating that they are not in the amsom. Learned counsel for the petitioner contends before me that the court shall permit him to effect service by substituted services as laid down in Chapter relating to issue and service of summons. Learned counsel also had brought to my attention to Order 16 Rule 8, where it is submitted that every summons shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply in the case of all summons served under this rule. It has to be stated that unlike summons to a defendant in the suit, summons to a wi