ANNAMMA Vs. ELSAMMA

JUDGEMENT

(1.) This writ appeal raises a question relating to the nature of notice contemplated under R.64 of the Kerala Panchayats (Election of Members) Rules, 1962; (the Rules) In effect, the question is, where there is equality of votes between any two or more candidates, the Returning Officer, in terms of the rule, should give notice in writing or it would be sufficient to give oral intimation, before he proceeds to draw lots to decide who among the candidates is or are to be declared to have been duly elected.

(2.) In the election to the Panchayat held, each of the petitioner in O.P. No. 5569 of 1981M and the first respondent had polled 565 votes; and because of the tie, the first respondent in the writ petition was declared elected by the Returning Officer by drawing lots. The writ petitioner took up the matter in O.P. (Election) 62 of 1980 before the 3rd respondent Munsiff under S.22 of the Kerala Panchayats Act, 1960 (the Act) read with R.5 of the Kerala Panchayats (Decision of Election Disputes) Rules, 1963. The Writ Petition has been directed against the dismissal of the Election Petition; and that Writ Petition having been allowed this Writ Appeal has been preferred by the 1st respondent in the Writ Petition.

(3.) The question relating to the drawing of lots to decide as to who between the two candidates who polled equal number of votes was to be declared elected is found to have been discussed by the third respondent Munsiff in Para.13 to 15 of Ext. P1 order, which has been under challenge in the Writ Petition. Summing up the discussion, the finding recorded in Para.15 reads as follows: