IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 23017 of 2008(M) -------------------------- AGAINST THE ORDER IN IA 1794/08 IN OPELE.2/2008 of ADDL.MUNSIFF COURT, ALAPPUZHA .................... PETITIONER: ------------ SHOBHANA KUMARI, D/O.KRISHNA KUMAR, KUNDELATTU CHIRA, CHUNGAM WARD, ALAPPUZHA. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENTS: ------------- 1. SHOLLY SIDHAKUMAR, W/O.SIDHAKUMAR, MANCHADI PARAMBU, MUNICIPAL OFFICE, KAYAMKULAM. 2. RAMLA JAMAL, W/O.JAMAL, MADATHILPARAMBU PALACE WARD, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23017 of 2008 ------------------------------- Dated this the 30th July, 2008. J U D G M E N T This petition is filed under Article 227 of Constitution of India challenging Ext.P8 order passed by Additional Munsiff, Alappuzha, in O.P.(Election) No.2 of 2005 in I.A.No.1794 of 2008. Under Ext.P8 order, learned Munsiff after recording the evidence found that there were two double voting, as Pws.2 and 6 had cast their votes in two booths. The Chief Ministerial Officer was directed to segregate the two void votes. 2. The argument of the learned counsel appearing for the petitioner is that learned Munsiff should not have decided the question of double voting by Pws. 2 and 6, without sending the counterfoil receipt to an expert, and, getting the report and therefore, Ext.P8 order is to be quashed. I do not find any illegality or irregularity in the impugned order warranting interference in exercise of the extra ordinary powers under Article 227 of the Constitution of India. W.P.(C) No.23017 of 2008 2 3. As against the final order in the election petition, an appeal is provided. Petitioner is entitled to challenge Ext.P8 order along with the final order in the appeal. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.