Decided on August 18,1955

UTHUPPU Appellant
DEVASIA Respondents


- (1.) The petitioner was elected as a member from ward No. 3 of the Kuravilangad Panchayat at the election held on 17.6.1953 under the Travancore Cochin Panchayat Act, 1950. The first respondent filed a petition to set aside the election as Election Petition No. 1 of 1953 of the court of the District Munsiff, Ettumanoor, and the Election Commissioner held:- In the result I hereby declare the election of the counter petitioner to be void. The petitioner will realise the costs of this petition and advocates fee Rs. 25/- (Twenty-five) from the counter petitioner. Interest on costs, 3%.
(2.) The petitioner invokes Art.226 and 227 of the Constitution and challenges the validity of the order of the Election Commissioner above mentioned.
(3.) According to R.72(1) of the Travancore-Cochin Panchayat Rules 1951, no election held under the Act of a member of a Panchayat shall be called in question except by an election petition presented in accordance with the provisions of Part I of the Rules and R.73(3) which occurs in the said Part provides: A petitioner shall join as respondents to his petition all the candidates who were duly nominated at the election other than himself if he was so nominated. Apart from the petitioner and the first respondent another person also was duly nominated as a candidate for election from Ward No. 3 and he was not impleaded in Election Petition No. 1 of 1953. Apparently the learned Election Commissioner either missed this fact or the provisions contained in R.72(1) and R.73(3) of the Travancore-Cochin Panchayat Rules, 1951.;

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