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2008 Supreme(Online)(KER) 26874

HIGH COURT OF KERALA
M.N.KRISHNAN, J
VAMADEVAN K. – Appellant
Versus
SATHYAN – Respondent


Advocates:
SRI.K.JAYAKUMAR, SMT.GEETHA P.MENON, SRI.P.B.KRISHNAN, SRI.R.SURAJ KUMAR

O R D E R

This revision petition is preferred against the order of the Munsiff, Attingal whereby the learned Munsiff has held that the election petition cannot be thrown out as not maintainable due to certain defects pointed out by the respondents. The brief facts necessary for the disposal of the revision are as follows.

2. The defeated candidate is the petitioner who has requested the Court to interfere with the election. It is contended that election petition is liable to be dismissed at the threshold on the following grounds namely, (1) No proper affidavit is filed along with the election petition.

(2) Corrections are made in the election petition without proper authentication and (3) There is no proper verification of the election petition.

3. As per Section 91 (1)(c) of the Kerala Panchayath Raj Act an election petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure for the verification of the pleadings. There is also a proviso attached to it when there is plea of corrupt practice.

4. The first objection raised is that as per the amened CPC Order 6 Rule 15(4), the person verifying the pleadings shall also furnish an affidavi

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