This original petition under Article 227 of the

Constitution of India is filed by the 1^st respondent in

O.P. (Election) No.5 of 2015 on the files of the

Principal Munsiff's Court, Kasaragod, seeking to set

aside Ext.P3 order passed by the court below on the

preliminary point, holding that the original petition

is maintainable under law. Brief material facts for

the disposal of the original petition are as follows:

2.

Petitioner herein is the 1^st respondent in the

above specified original petition. First respondent

herein is the petitioner and the 2^nd respondent is the

2^nd respondent in the original petition before the court

below. Petitioner and respondents were candidates

contested from Uliyathadukka Constituency (Ward No.17)

of Madhur Grama Panchayat, Kasaragod District, in the

general election held on 02.11.2015. Petitioner was

the official candidate of the BJP, and she was elected

from the above Ward in the election. After counting of

the votes, the returning officer declared that the

petitioner herein and the 1^st respondent secured equal

number of valid votes, i.e., 528 votes each. Since

there was equal votes, the returning officer opted to

go for lots a