RAVINDRANATHAN NAIR Vs. GOPINATHAN NAIR

JUDGEMENT

(1.) The petitioners contention that his nomination was improperly rejected and that the election of the 1st respondent as a member of the Payippad Panchayat at the election held on 15.5.1953 should be set aside was rejected by the 2nd respondent, the Election Commissioner who heard and disposed of his Election Petition, No. 1 of 1953. The petitioners nomination was accepted by the Election Officer but was rejected by the Tahsildar, Chenganachery on an appeal by the 1st respondent on the ground that he was disqualified under S.13(2)(g) of the Travancore-Cochin Panchayats Act, 1950.

(2.) Under S.13(2)(g) of the said Act a person is disqualified for election or appointment as a member of a Panchayat if such person is at the date of election or appointment in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the Panchayat up to and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment, has expired. The Election Commissioner found that a notice under the Revenue Recovery Act (of which Ext. II dated 23.12.1952 is an attested copy) was served on the petitioner. What is contemplated by S.13(2)(g) is a bill or notice that is valid in law and before the Revenue Recovery Act can be invoked certain proceedings under the Travancore-Cochin Panchayat Rules, 1951, have first to be exhausted.

(3.) R. 132 provides: