GOPALAKRISHNA PANICKER Vs. A C GEORGE

JUDGEMENT

(1.) The petitioner and the first respondent stood for election as President of the Koipuram Panchayat. The second respondent presided over the meeting convened for the purpose. A poll was taken by the second respondent. The votes were found to be equal and therefore the second respondent drew lots, and the petitioner was declared elected.

(2.) Under S.24(1) of the Kerala Panchayats Act, Act 32 of 1960, when there is equality of votes the Presiding Officer shall decide the result of the election by drawing lots. In drawing the lots the second respondent adopted the following procedure. He wrote the names of the candidates separately on two slips of papers, rolled them up and put them in a tin. Then he wrote the words elected and eliminated on two slips of papers, rolled the two slips and put them in another tin. He picked up one slip of paper from each tin more or less simultaneously. It was found on the draw so made that the name of the first respondent came up along with the word eliminated". The second respondent picked up the remaining two slips of papers and found the petitioners name along with the slip containing the word elected. The second respondent therefore declared the petitioner elected.

(3.) The first respondent thereupon filed an election petition before the Election Tribunal, and the Election Tribunal found that the procedure adopted by the second respondent in drawing the lots was unauthorised. The Tribunal therefore set aside the election of the petitioner as President and declared the first respondent as elected.