IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 OP(C) NO. 503 OF 2022 AGAINST THE ORDER IN IA 27/2022 IN OP(ELECTION) 1/2021 OF PRINCIPAL MUNSIFF'S COURT, ERNAKULAM PETITIONER/PETITIONER/1ST RESPONDENT:

PADMAKUMARI, AGED 45 YEARS, WIFE OF K.S.GIRISH, QUARTERS NO.E-3-46, RNAS AREA, WILLINGTON ISLAND, KOCHI - 680 003.

BY ADVS.

K.RAMAKUMAR (SR.)

T.RAMPRASAD UNNI S.M.PRASANTH G.RENJITH R.S.ASWINI SANKAR T.H.ARAVIND RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4:

1 N.VENUGOPAL, AGED 70 YEARS, SON OF NEELAKANDA PILLAI, SREELAKAM, PANDARACHIRA, 1ST CROSS ROAD, KADAVANTHRA SOUTH, PIN - 682 020.

2 C.D.NANDAKUMAR, AGE NOT KNOWN, SON OF NOT KNOWN TO THE PETITIONER, HOUSE NO.21/1771, VRINDAVANAM, VELIPPARAMBIL ROAD, PULLARDESOM, PALLURUTHY, PIN - 682 006.

3 JOSEPHINE JULIET RAJU, AGE NOT KNOWN, D/O.NOT KNOWN TO THE PETITIONER, POLLAYIL HOUSE, HOUSE NO.CC 1/1922 A, NJALIPARAMBU, PIN - 682 001.

4 STANLEY POULOSE, AGE NOT KNOWN, SON OF NOT KNOWN TO THE PETITIONER, KUZHIKKADAN HOUSE, HOUSE NO.1/1442, FORT KOCHI - 682 001.

BY ADVS.

T K AJITH KUMAR (B/O)

N.SATHEESH NAVANEETH D.PAI CHACKOCHEN VITHAYATHIL JINISHLAL S.B.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.BABU, J.

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O.P(C) No.503 of 2022 ---------------------------------------

Dated this the 5^th day of April, 2022 JUDGMENT The prayers in this Original Petition filed under Article 227 of the Constitution of India are as follows:

“(i) To call for the records leading upto Ext.P3 and set it aside by the issuance of an order or direction;

(ii) To issue a direction to frame proper issues with reference to the pleadings in O.P.(Ele) No.1 of 2021 on the file of the Munsiff's Court, Ernakulam.

(iii) To issue such other orders or directions as this Hon'ble Court may deem, fit and proper in the circumstances of the case.”

2. Heard Sri.K.Ramakumar, the learned Senior Counsel appearing for the petitioner, Sri.N.N.Sugunapalan, the learned Senior Counsel instructed by Sri.T.K.Ajithkumar, the learned counsel appearing for respondent No.1, Sri.N.Satheesh, the learned counsel appearing for respondent No.2, Sri.Chackochen Vithayathil, the learned counsel appearing for respondent No.3 and Sri.S.B.Jinishlal, the learned counsel appearing for respondent No.4.

3. The petitioner is the returned candidate in the general election held on 10.12.2020 for the Kochi Municipal Corporation from Division No.29/Willington Island North. The respondents are the other candidates contested in the election.

4. Respondent No.1 filed O.P (Election) No.1/2021, challenging the election of the petitioner before the Principal Munsiff's Court, Ernakulam. Respondent No.1 alleged that one illegal vote, which was cast by the Presiding Officer, decided the outcome of the election. According to him, the improper reception of one vote in favour of the petitioner has materially affected the result of the election. It is pleaded that the illegal action of the Presiding Officer in violation of the provisions of the Kerala Municipality Act, 1994 (for short 'the Act') and the relevant Rules has caused prejudice to respondent No.1.

5. The petitioner resisted the Election Petition, contending that there is no improper acceptance of vote as alleged. According to the petitioner, the Presiding Officer has not committed any illegality.

6. The allegations that form the foundation of the Election Petition are contained in paragraphs 8 and 10 of the petition, which are extracted below:

“8. The above shown table clearly indicates that the one illegal vote which was cast by the presiding officer became the deciding vote, prejudicially affecting the results of the outcome of the vote against the petitioner and defeating the electoral process. Thus the result of the election in so far it concerns with the returned candidate, has been materially affected by the improper reception