K. SUNIL Vs. JITESH MUTHUKAD

JUDGEMENT

(1.) The interesting question that comes up for consideration in this Civil Revision Petition arising out of the Election Appeal No.4/2012, whereby the learned II Additional District Judge, Kozhikode set aside the election of the petitioner to the Muthukad Ward of Chakkittappara Grama Panchayat is regarding the applicability of Sec.34(1)(j) of the Panchayat Raj Act.

(2.) The facts which are necessary for consideration arise as follows:

(3.) The case put forward by the respondents herein is that the petitioner had stood as surety in two cases before the J.F.C.M court and proceedings were initiated against him as M.C. No.67/06 and M.C. No.23/06. In both of those proceedings, he suffered orders of penalty and was liable to pay the amount covered by the bonds. It is therefore, contended that as on the date of filing of the nomination for the election, amounts were due from him to the Government and if that be so, he was bound to disclose that fact in the nomination papers and therefore he was in arrears due to the Government and thus disqualified to contest the election under Sec. 34(1)(j) of the Act.