IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP(C).No. 549 of 2011(O) ------------------------------------ OP(E) NO.15/2010 of MUNSIFF COURT, ATTINGAL .................... PETITIONER: ------------------- REEJA KUNJUMON, AGED 25 YEARS, W/O.KUNJUMON, LAKSHAM VEEDU, THEKKE ARAYATHURUTHI, CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.J.JAYAKUMAR, SRI.S.JIJI. RESPONDENT(S): ------------------------- MRS.HILDAMMA @ SOBHA, AGED 35 YEARS, THOPPIL VEEDU, THEKKE ARAYATHURUTHI, CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 549 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE O.P.(ELECTION) 15/2010 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, ATTINGAL. EXT.P2: COPY OF THE I.A.3329/2010 IN OP(ELECTION) 15/2010 FILED BY THE PETITIONER BEFORE MUNSIFF COURT, ATTINGAL. EXT.P3: COPY OF THE COUNTER FILED BY THE RESPONDENT. EXT.P4: COPY OF THE ORDER DATED 13/01/2011 IN I.A.3329/2010 IN OP(ELECTION) 15/2010 OF MUNSIFF COURT, ATTINGAL. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.549 of 2011 ==================================== Dated this the 04th day of August, 2011 J U D G M E N T This Original Petition is in challenge of Ext.P4, order dated January 13, 2011 on I.A. No.3329 of 2010 in E.P(Ele.) No.15 of 2010 of the court of learned Munsiff, Attingal. Respondent challenged election of petitioner on various grounds. Petitioner contended that election petition is not maintainable for the reason that a copy of election petition given to the petitioner was not properly attested as true copy. Learned Munsiff found no merit in that contention and overruled the objection by Ext.P4, order which is under challenge. 2. Objection raised by petitioner to the maintainability of the election petition is that a copy of the election petition served on her is not attested as true copy signed by the respondent. Court below found that copy of the election petition given to the petitioner is the duplicate of the original petition signed by the respondent. Learned Munsiff also found that there is sufficient compliance with Section 89(2) of the Kerala Panchayat Raj Act and accordingly found that the election petition is maintainable. 3. Having heard counsel on both sides I do not find reason O.P(C) No.549 of 2011 -: 2 :- to interfere with the impugned order at this stage. But the parties could be permitted to agitate the question regarding maintainability in case an appeal is preferred against the order that may be passed by the learned Munsiff on the original petition. Resultantly, Original Petition is disposed of permitting the parties to urge their respective contentions regarding maintainability of the election petition in the appeal that may be preferred against the ultimate order in O.P(Ele.) No.15 of 2010. THOMAS P. JOSEPH, JUDGE. vsv