IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 24077 of 2008(N) -------------------------- E.OP.10/2005 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER: -------------------- MOLY THOMAS, AGED 42 YEARS, W/O.K.V.THOMAS, KAVUNGAL HOUE, VELLIKULANGARA, THRISSUR. BY ADV. SMT.P.R.REENA RESPONDENT: ----------------------- CLARA JOHNEY, W/O.JOHNEY, KOTTAKKAL HOUSE, VELLIKULANGARA, THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 24077 OF 2008 =========================== Dated this the 8th day of August, 2008 JUDGMENT This petition is filed challenging Ext.P1 order passed by Munsiff, Chalakudy in O.P.(Election) 10/2005. As per Ext.P1 order learned Munsiff after recording and analysing the evidence found that PW5 casted his votes in Ward No.6 and 7 and as first respondent was elected only with a majority of one vote, the double voting has materially affected the result of the election. Learned Munsiff therefore directed recounting of the votes. The order is challenged in this petition. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel argued that finding of the learned Munsiff that PW5 casted his votes in Ward No.6 and 7 is not in accordance with the evidence on record and therefore that finding is not sustainable and if Ext.P1 order is sustained, the W.P.(C)24077/2008 2 secrecy of the ballot paper will be lost and therefore the order is to be quashed. 4. The question whether the finding of the learned Munsiff on the fact that PW5 casted his votes in Ward No.6 and 7 can be decided only in a regular appeal and not in this petition filed under Article 227 of the Constitution of India. Petitioner is entitled to challenge Ext.P1 order along with the final order to be passed in the O.P. if it goes against him. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006