SANKARAN NAIR Vs. GOVINDA PILLAI

JUDGEMENT

(1.) The petitioner was declared as duly elected member from Kannenkode, Ward No. V, of the Panchayat in question, and he was thereafter elected as the President of the Panchayat. The 1st respondent who is a voter borne on the electoral rolls of Ward No. V filed a petition to set aside the election. The petition was filed before the Munsiff of Attingal, by presenting it to the Head Clerk of the Munsiff's Court there. It was numbered as Election Petition No. 3 of 1963. The petition was not accompanied by a Government treasury receipt showing that a deposit of Rs. 50/- has been made by the petitioner in a Government treasury in favour of the Munsiff as security for the costs of the petition. Sub-r.(1) of R.25 of the Kerala Panchayats (Decision of Election Disputes) Rules, 1963, reads as follows:

(2.) This writ petition questions the validity of the order on two grounds: (1) that the election petition has not been presented to the Munsiff as persona designata, and (2) that since the election petition was not accompanied by a chalan receipt showing that Rs. 50/- has been deposited in favour of the Munsiff, the petition should have been dismissed.

(3.) As regards the first question I am of opinion that the petition has been delivered to the Munsiff although it has been presented to the Head Clerk of the Court. I have considered this question in O.P. No. 1985 of 1964 ( 1965 KLT 1018 ) and there, I have held that the presentation of the petition to the Head Clerk as ministerial agent of the Munsiff was actual delivery to the Munsiff himself and that such a presentation was valid.