KHADER Vs. DAMODARAN

JUDGEMENT

(1.) The petitioner has been returned at the election held on November 23, 1963, in the Ward No. 2 constituency of the Azhikode Panchayat. The 2nd respondent and two others were also candidates duly nominated at that election; but the latter two have withdrawn their candidature before the election. The 1st respondent is a voter in the constituency. He has filed O. P. No. 183 of 1963 before Shri. K. G. K. Nayar, Munsiff, Cannanore, under S.22 of the Kerala Panchayats Act, 1960, to declare the petitioners election invalid and the 2nd respondent to have been duly elected. The petitioner challenged the maintainability of the election petition to which all the candidates who were duly nominated have not been made parties. The Munsiff heard that question as a preliminary issue and held:

(2.) Counsel canvassed the maintainability of a prayer in an election petition under the Kerala Panchayats Act, 1960, for a declaration that a candidate other than the one declared elected by the Returning Officer has been duly elected. Though I have found such a prayer in several petitions under S.22 of the said Act, the question cannot be decided here as it does not properly arise on this petition before me.

(3.) Chap.6 of the Kerala Panchayats (Conduct of Elections and Election Disputes) Rules, 1961, the Chapter has now been superseded by the Kerala Panchayats (Decision of Election Disputes) Rules, 1963, with no material alteration in the rules concerned here - provides for the adjudication of disputes in Panchayat elections. Sub-r.(3) and (8) of R.117 in that Chapter - it is R.5 of the latter Rules of 1963 - read thus: -