JAYANTHI Vs. RAJI

JUDGEMENT

(1.) THE revision petitioner filed O. P. (Election) 3 of 2000 to declare the election of the respondent, who is the appellant in Appeal (Election) 8 of 2001, null and void. A further prayer was also sought to declare the revision petitioner as duly elected. THE Original Petition was allowed. THE respondent, whose election was set aside, filed an appeal before the District Court as provided under S. 113 of the Kerala Panchayat Raj Act. THE same was presented by the Advocate appearing for the respondent in accordance with the provisions contained in R. 1 of under O. XLI of the Code of Civil procedure. THE learned District Judge after hearing the counsel for the appellant as provided under O. XLI R. 11 of the Code, admitted the appeal and issued "notice to the revision petitioner who is the respondent in the appeal. THE revision petitioner entered appearance and raised a preliminary objection regarding the maintainability of the appeal. After hearing both sides, the learned District Judge found that the appeal is maintainable and posted the same for argument. That preliminary finding is under challenge in this Civil Revision Petition.

(2.) THE only ground on which the maintainability was attacked is that there is no proper presentation of the appeal. According to the counsel for the revision petitioner, Appeal (Election) 8 of 2001 was presented by the Advocate appearing for the respondent and filed before the chief Ministerial Officer of the Court and that procedure is not legal. According to the revision petitioner, just like presentation of the Original petition by the candidate or voter, the appeal memorandum also ought to have been presented before the District Judge by the party in person as he is the only person aggrieved.

(3.) S. 113 of the Act provides for filing of an appeal. It reads as follows:? Status 113. Appeals.- (1) Any person aggrieved by an order made by the court under S. 100 or S. 101, may prefer an appeal, on any question of law or of fact,? (a) before the District Court on the decision of the munsiffs Court; and (b) before the High Court on the decision of the District court; (c) The Government shall, in consultation with the High court, notify the appropriate Courts in the Gazette. (2) Every appeal under this section shall be preferred within a period of thirty days from the date of the order of the court under s. 100 or 101: Provided that the Appellate Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such a period".