RAVINDRANATHAN NAIR Vs. GOPINATHAN NAIR
HIGH COURT OF KERALA
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(1.) The petitioners contention that his nomination was improperly rejected and that the election of the 1st respondent as a member of the Payippad Panchayat at the election held on 15.5.1953 should be set aside was rejected by the 2nd respondent, the Election Commissioner who heard and disposed of his Election Petition, No. 1 of 1953. The petitioners nomination was accepted by the Election Officer but was rejected by the Tahsildar, Chenganachery on an appeal by the 1st respondent on the ground that he was disqualified under S.13(2)(g) of the Travancore-Cochin Panchayats Act, 1950.
(2.) Under S.13(2)(g) of the said Act a person is disqualified for election or appointment as a member of a Panchayat if such person is at the date of election or appointment in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the Panchayat up to and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment, has expired. The Election Commissioner found that a notice under the Revenue Recovery Act (of which Ext. II dated 23.12.1952 is an attested copy) was served on the petitioner. What is contemplated by S.13(2)(g) is a bill or notice that is valid in law and before the Revenue Recovery Act can be invoked certain proceedings under the Travancore-Cochin Panchayat Rules, 1951, have first to be exhausted.
(3.) R. 132 provides:
If any rate, tax, cess or fee due from any company or person is not paid, the Executive Authority shall cause a notice to be served on such company or person to pay it within fifteen days of the date of such service.
and there is no evidence in the case to show that any notice under R. 132 has been issued to the petitioner. As a matter of fact the evidence of P.W. 2 the President of the Panchayat, who is admitted to have been the Executive Authority during the relevant period, is to the effect that no such notice has been issued by him.;
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