VARGHESE MECHERY Vs. DIRECTOR OF LOCAL BODIES

JUDGEMENT

(1.) In this writ petition Mr. K. Chandrasekharan, learned counsel for the petitioner, challenges as illegal and void, the elections, that took place to the Municipal Council of Trichur on 26-9-1962.

(2.) The main contention that has been urged by Mr. Chandrasekharan is that the existence of a valid and proper electoral roll is a condition precedent for the 'holding of proper and legal election. In this case it is the contention of the learned counsel that the municipal electoral roll, that was published on 24-9-1962, on the basis of which the elections to the Municipal council were held on 26-9-1962, is not one prepared and published in accordance with the provisions of the Kerala Municipalities Act, 1960 (Act XIV of 1961).

(3.) On the other hand, the stand that is taken on behalf of the 2nd respondent, by the learned Advocate General, is that the presentation and publication of the municipal electoral roll on 24-9-1962 is strictly in accordance with the provisions of the Kerala Municipalities Act and the relevant rules, read with the material provisions contained in the Representation of the People Act, 1950 (Central Act XLIII of 1950), as amended, along with the rules concerned, namely the Registration