NIRMALA KERALAN Vs. JOY CHERIYAN

JUDGEMENT

(1.) Petitioner was one of the members of Thaikkad Panchayat Committee. Respondent was elected as the President of the Panchayat in the election conducted on 16.10.05. Ext. P1 election petition was filed before Munsiff Court, Chavakkad under S.153(14)of Kerala Panchayat Raj Act (hereinafter referred to as the Act). The reliefs sought for are 1) call for the vote cast by L.D.F. Member Shri. Suresh in the president election and to declare that vote valid. 2) To declare that the election conducted for the presidentialship on 6.10.05 is invalid.

(2.) The case of petitioner was that the vote cast by another member Shri. C. V. Suresh a member of the Panchayat Committee in the election of the President was illegally declared invalid and as a result respondent was declared elected and hence the election of respondent is invalid. An objection was filed by respondent contending that the election petition is not maintainable as the other candidate for the presidentialship was not made a party to the petition and the pleadings regarding corrupt practice as provided under S.120 (8) of the Act is insufficient and therefore the election petition is not maintainable.

(3.) As per Ext. P2 order, learned Munsiff dismissed the election petition on preliminary grounds holding that the election is not maintainable. The finding of learned Munsiff in Ext. P2 order is that the allegation raised in the petition is an allegation regarding corrupt practice and it does not contain the details as provided under S.120(8) of the Act and petitioner did not implead the defeated candidate in the election and therefore the petition is not maintainable. Petitioner is challenging that order in this petition filed under Art.227 of Constitution of India contending that learned Munsiff has no jurisdiction to dismiss the petition filed under S.153(14) on the grounds provided under S.93 (1) of the Act and under S.153(15), every petition filed under Sub-s.14 shall be disposed of in accordance with the procedure laid down in the Code of Civil Procedure while trying a suit and even if there is any defect of want of non joinder of necessary parties, petitioner is to be afforded opportunity to implead the necessary party and petition cannot be dismissed on preliminary ground. It was also contended that an election petition filed under S.153(14) included under Chapter XIV could not have been dismissed as provided under S.93(l) which comes under Chapter X and it confines only to an election of a member of the Panchayat as is clear from the definition of election provided under Sub-s.(xiv) of S.2 of the Act and therefore the impugned order is unsustainable.