JUDGMENT

A.K. MATHUR, J.

1. This appeal is directed against the order dated 6.12.2006 passed by the learned Single Judge of the Kerala High Court whereby the learned Single Judge has rejected the election petition filed by the appellant on the preliminary objection raised by the respondent that affidavit in form No.25 was not affirmed, as such the affirmation was not duly certified as per law nor did it disclose its source of information. It was also observed that despite the fact that objections were taken and the defects could have been cured, no steps were taken to remove these defects. Hence, learned Single Judge dismissed the election petition as it was not properly affirmed as under Sections 83 & 85 of the Representation of the People Act, 1951 (hereinafter to be referred to as the Act of 1951) read with Rule 94A of the Conduct of Election Rules, 1961 (hereinafter to be referred to as the Rules of 1961).

2. Brief facts which are necessary for disposal of this appeal are that an election was held on 29.4.2006 to the Kerala Legislative Assembly from No.67 Kodungalloor Assembly Constituency. It was alleged in the election petition filed by the appellant that the election be declar