ANANDAVALLY Vs. AJITHA

JUDGEMENT

(1.) THE petitioner has filed an Election Petition, under S. 59 of the Kerala Panchayat Raj Act, to get the election of the first respondent set aside. THE election for Trikaripur Grama Panchayat was held on 27/09/2000 and the results were declared on 28/09/2000. THE first respondent was declared elected as a member from Ward No. VII. THE petitioner had filed an election petition on 8/11/2000 before the Munsiff's Court, Hosdurg. Thus, it was filed beyond the time prescribed under the Act. Taking note of the above, the learned Munsiff has dismissed the election as barred by limitation, evidenced by Ext. P3.

(2.) THE petitioner challenges the above said order as the petitioner submits that sufficient reasons were given for condoning the delay in filing the election petition and an application under S. 5 of the Limitation Act was maintainable.

(3.) AS the parties had joined issue, I may have to examine the matter. AS has been pointed out by the Standing Counsel, there is a statutory remedy of appeal available to the petitioner, but this has not been availed of as according to him, it may not be expedient. When there is a specific provision for appeal, especially in the matter like an election petition, direct recourse to extra ordinary jurisdiction may not be advisable, submits the Counsel for the Election Commission. But as the counsel for the petitioner points that this is a case where an appeal may not be efficacious, for the scope of examination is very limited. However, that is no reason for entertaining an Original Petition, since an appellate authority will be competent to pronounce upon the matter whether it be a question of law or a question of fact.