LAWS(KER)-2000-1-52

MOHANKUMAR Vs. RAJAGOPAL

Decided On January 31, 2000
MOHANKUMAR Appellant
V/S
RAJAGOPAL Respondents

JUDGEMENT

(1.) IN the election as Councillor of Ward No. 29 of the Trivandrum Corporation, the petitioner was a contestant along with respondents 1 to 3. The petitioner was declared as the successful candidate by a margin of 60 votes as against the first respondent. Respondents 2 and 3 got only far less number of votes. The first respondent filed O. P. (Election) No. 18 of 1995 before the Munsiff's Court, Trivandrum alleging that the petitioner was not entitled to contest in view of the provisions of S. 90 (1) (g) of the Kerala Municipalities Act as he was an authorised ration dealer and as such under a contractual liability with the Government and working for the Government. The Munsiff's Court, after trial, found that there was no merit in the contention that the revision petitioner was under a contractual liability with the Government and that he was, however, working for the Government and on that premise set aside the election.

(2.) THE revision petitioner took up the matter to the District Court, by way of Election Appeal No. 12 of 1996. THE first respondent filed a cross appeal therein. THEse were heard together. THE District Court not only dismissed the present revision petitioner's appeal, but also found that the cross appeal had merit and that the revision petitioner's election was liable to be invalidated also because he was under a contractual liability in connection with the dealership as authorised ration dealer.

(3.) THE fact that the petitioner had executed Ext. X1 (d) agreement in favour of the Government in connection with ARD Licence No. 301 of the Trivandrum Corporation is not disputed by the revision petitioner. It is, however, contended that it is not a "contract with the Government" and that what is to be done by the dealer under the agreement is only a service and not a work for the Government. According to the learned counsel for the first respondent, the terms of Ext. X1 (d) agreement clearly specify a "contract with the Government" under which work is being done by him for the Government in the matter of distribution of rationed articles.