JOY PAUL Vs. SIBI MATHEW

JUDGEMENT

(1.) The 1st respondent herein filed Election O.P. No. 10/2000, before the Munsiffs Court, Moovattupuzha, which is the designated Court for trial of the election dispute arising from Kavilangadu Grama Panchayat challenging the result of the election by which the petitioner in this Original Petition was declared elected. After the trial has started, the learned Munsiff wrote a letter to the District Judge for transfer of the case from Munsiff Court, Moovattupuzha to any other court in Ernakulam District. The learned District Judge without hearing the parties transferred the election petition on the administrative side from the file of Munsiff Court, Moovattupuzha to Munsiff Court, Kolenchery. That order is under challenge in this O.P.

(2.) S.88 of the Panchayat Raj Act deals with the Courts which are competent to trial election petitions.

(3.) The Government had issued Ext. P1 notification conferring power on the Munsiff Court, Moovattupuzha to try election dispute arising from Kavilangadu Grama Panchayat. There is no provision in the Kerala Panchayat Raj Act for transferring an Election Petition pending before one designated court to another court.