PAZHANIKUTTY MOOTHAN Vs. VASUDEVAN

JUDGEMENT

(1.) In this writ petition, the question that arises for consideration is as to whether the order passed by the learned District Judge of Palghat, dismissing Election Petition No. 47/1962 filed by the petitioner, as being not in compliance with the provisions of R.5(1) of the Kerala Municipalities (Decision of Election Disputes) Rules, 1961, is correct or not.

(2.) The petitioner and the 1st respondent, in these proceedings contested for the election to the Palghat Municipality in the Municipal elections held on 26-9-1962 from Ward No. 22. The 1st respondent was declared elected on 28-9-1962 with a majority of 11 votes. The petitioner filed Election Petition No. 47 1962 under S.65 of the Kerala Municipalities Act, 1960, Act XIV 1961 hereinafter to be referred to as the Act challenging the election of the 1st respondent, and also requesting that the election be set aside. It will be seen that the Election Petition itself was filed by the petitioner on 4-10-1962, and there can be no controversy that it is perfectly within the period prescribed by S.65(2) of the Act, read with R.3 of the Kerala Municipalities (Decision of Election Disputes) Rules, 1961 hereinafter to be referred to as the Rules.

(3.) According to the petitioner, as required by R.5(1) of the Rules, he made an attempt on 4-10-1962 to deposit a sum of Rs. 50/- in cash in the Palghat Treasury, but the Treasury would not receive the amount. The chalan in that respect has been produced in these proceedings as Ext. P 2. It is the further case of the petitioner that the Election Petition itself was presented by him to the Sheristadar of the Palghat District Court on 4-10-1962, and that the sum of Rs. 50/- as required by R.5(1) of the Rules, was also tendered to the Sheristadar. But, according to the petitioner, the Sheristadar would not receive the amount, and therefore the petitioner had to file an application or a memo, so to say, requesting for the issue of a chalan to enable him to deposit the sum of Rs. 50/- as required by R.5(1) of the Rules, in the Treasury concerned. That such a memo was filed by the petitioner on 4-10-1962, is clear from the records produced in these proceedings.