LAWS(KER)-1964-8-35

VASUDEVAN NAIR Vs. BALAKRISHNA PILLAI

Decided On August 05, 1964
VASUDEVAN NAIR Appellant
V/S
BALAKRISHNA PILLAI Respondents

JUDGEMENT

(1.) THIS is an appeal from the decision of Raman Nayar, J. allowing O. P. No. 1571 of 1963 and setting aside, the decision of the District Judge of Kozhikode in Election Petition No. 6 of 1962. The decision of the District Judge Ext. C dated 6-8-1963 said:

(2.) THE sole question for determination is whether the first respondent before us was disqualified for election as a councillor under S.52 (2) (e) of the Calicut City Municipal Act, 1961. S.52 deals with the disqualification of candidates and the relevant portion of sub-section (2) thereof reads as follows:

(3.) EXT. A-l in Election Petition No. 6 of 1962 was a contract with the Calicut Municipal Council constituted under the Madras District Municipalities Act, 1920. Counsel for the appellants drew our attention to S.439 (a) of the Calicut City Municipal Act, 1961, which says: