VARGHESE Vs. MAMMEN
LAWS(KER)-1955-7-8
HIGH COURT OF KERALA
Decided on July 13,1955

VARGHESE Appellant
VERSUS
MAMMEN Respondents

JUDGEMENT

- (1.) This is a petition under Art.227 of the Constitution of India and S. 115, Code of Civil Procedure, for cancelling the order of the Election Commissioner, Haripad, in Election Petition No. 1 of 1953 relating to the election to the Karthikappally Panchayat, Ward VI. The election was conducted under the Travancore-Cochin Panchayat Act, II of 1950, as amended by Act XV of 1952. It took place in May 1953. There were four candidates for the election, viz., the revision petitioner (Sri Varghese), the respondent (Sri Mammen) Sri Parameswaran Pillai and Sri Narayana Pillai. Sri Varghese secured 316 votes, Sri Mammen 292, Sri Parameswaran Pillai 253 and Sri Narayana Pillai 88 votes. Sri Varghese was declared duly elected on 20.5.1953 and the result of the election was notified in the Travancore-Cochin Government Gazette dated 19th July 1953.
(2.) Sri Mammen presented the election petition under R. 73 of the Panchayat Rules for declaring the election of Sri Varghese void on the ground that Sri Parameswaran Pillai was disqualified to stand as a candidate, that his nomination paper was improperly accepted and that the result of the election was materially affected by the improper acceptance of the nomination paper of Sri Parameswaran Pillai. Sri Varghese alone contested the petition. He contended that Sri Mammen was not a voter in the voters list of Ward No.VI of the Karthikappaly Panchayat, that he was, therefore, not competent to file the petition, that the petition was barred by limitation, that the nomination paper of Sri Parameswaran Pillai was properly accepted, and that the result of the election was not in the least affected by the acceptance of his nomination paper.
(3.) The election Commissioner found that Sri Mammen was a voter in the voters list for Ward No. VI of the Karthikappally Panchayat and that he was a duly nominated candidate for the election. It was, therefore, held that he was competent to file the election petition. It was also held that the petition was filed within time. The Commissioner further found that at the time of the nomination and election Sri Parameswaran Pillai was an applicant to be adjudicated an insolvent and that he was, therefore, disqualified to stand as a candidate under sub-Clause.(b) of Clause.(2) of S. 13 of the Panchayat Act, which says that a person shall be disqualified for election as a member if such person is on the date of the election an applicant to be adjudicated an insolvent. It was, therefore, held that the nomination of Sri Parameswaran Pillai was improperly accepted by the Election Officer. The Commissioner also held that the result of the election was materially affected by the improper acceptance of the nomination of Sri Parameswaran Pillai. As a result of these findings the election of Sri Varghese was declared void under R. 78 sub-r. (1)(c) of the Panchayat Rules and the election petition was allowed with costs.;


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