THOMAS RAJAN Vs. PHILIP JOHN

JUDGEMENT

(1.) Does a legal Practitioner filing a suit against a Municipality incur any disqualification for standing for election to the Council of the Municipality This is the only point that arises for determination in this appeal.

(2.) Election to the Kottayam Municipal Council was held in September 1979. The appellant, the writ petitioner, a member of the Kottayam Bar, contested the election from Ward No. 4 and secured the maximum number of votes. He was declared elected. His election was challenged before the District Judge under S.64(2) of the Kerala Municipalities Act, 1960 (Act 14 of 1961), for short the Act. Though several grounds were argued before the District Judge, the Judge held that the petitioner was disqualified to stand for election as he was employed as a legal Practitioner against the Council, thus attracting the disqualification under S.62(f) of the Act. The election was set aside. This order was challenged before this Court. Mr. Justice Bhaskaran, as His Lordship then was, upheld the decision of the District Judge and dismissed the writ petition.

(3.) It is not disputed before us that on the date of election the petitioner was employed as a legal practitioner in a suit O. S. No. 729 of 1978 on the file of the Munsiff's Court, Kottayam and in an appeal, CMA. 56 of 1979 before the District Court, Kottayam. In both these proceedings the defendant was the Kottayam Municipality represented by the Commissioner. The only contention that is advanced is that the disqualification arises only when a legal practitioner is employed against the Council and not when he is employed against the Municipality. It is, therefore, common case that if he was so disqualified, the appellant cannot succeed.