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CPI(M) councillor's election set aside

By Our Staff Reporter

KOLLAM Dec. 17. The majority of the ruling LDF in the 50-member Kollam Corporation went down to 24 when the election of the CPI(M) member, Prasanna Earnest, was set aside by the Kollam Munsif Court Judge, Pradeep Kumar, today.

The development, however, will not result in the UDF capturing power since even in the changed situation the UDF too has only 24 members with voting rights in the council. This has happened because the Court while setting aside Mrs. Earnest's election did not declare her nearest rival, R. Lathikabai of the Congress, elected.

In a verdict by the same Court earlier, the election of the CPI(M) member, G. Anitha, from the Palkulangara Division, was set aside. In that instance the rival UDF candidate, Beena Krishnan from the RSP(B), was declared elected. While that development had taken the strength of the UDF in council to 25, Mrs. Krishnan has no voting rights.

In the elections to the maiden Kollam Corporation held in September 2000, Mrs. Earnest was declared elected from the Pattathanam Ward by defeating Lathikabai by a margin of 17 votes. Dr. Lathikabai soon afterwards filed an election petition alleging that Mrs. Earnest had won the election from the ward on the basis of 48 bogus votes.

In the petition submitted through her counsels, A. Shah Navas Khan, M. Sathyavratan and Dheeraj Ravi, she gave evidence on 28 such votes. During the course of the hearing the Court recognised that 20 votes out of that were clearly bogus. It was on the basis of this finding that the election of Mrs. Earnest has been set aside. The Court stated that the petitioner had proved that double voting had taken place in respect of the 20 votes.

Meanwhile, Dr. Lathikabai could not be declared elected since the five voting machines used at the Pattathanam Division could not be produced before the Court for the required technical identifications. The Court was informed by the returning officer that since the machines were used for other needs, the polling details pertaining to the Pattathanam Division had been deleted.

Following the verdict, Mrs. Earnest has moved a petition in the same Court through her counsel, Vijayaraghavan, praying for a stay on the order. She will also move an appeal in the district court.

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• CPI(M) councillor's election set aside
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