MATHEW MATHEW Vs. OUSEPH KURUVILA

JUDGEMENT

(1.) THIS is a petition under S. 115 of the Code of Civil Procedure, 1908, and Art. 227 of the Constitution praying for the reversal of an order of the Election Commissioner, Vaikom, in Panchayat Election Petition No. 5 of 1953. The order impugned is the order of 17.3.1954 by which he refused to consider the petitioner's application for relief under O. IX R. 13 of the Code of Civil Procedure, 1908, on the ground that the provisions of that rule are unavailable to the trial of Election Petitions under the Travancore-Cochin Panchayat Rules, 1951.

(2.) THE petitioner is the returned candidate and the 1st respondent, the successful petitioner in Election Petition No. 5 of 1953, who has been able to secure a declaration to the effect that the Election of the returned candidate was void and that he himself has been duly elected. THE order in favour of the 1st respondent was passed ex-parte on 15.2.1954 and the petitioner by his petition dated 9.3.1954 invoked, as stated above, the provisions of O. IX R. 13 of the Code of Civil Procedure, 1908.

(3.) THE only further question that remains to be considered is whether the provisions of O. IX R. 13 are available to the petitioner as contended by him, S. 141 of the Code of Civil Procedure, 1908 provides:-