DEVAKI Vs. KAVERI AMMA

JUDGEMENT

(1.) The petitioner was declared as a Member of Ward I of Paivalika Grama Panchayat in Kasargode Panchayat in the election conducted on 23.9.1995. The 1st respondent in the O. P. filed a petition under S.88(a) of the Kerala Panchayath Raj Act (for short the Act') before the Principal Munsiff, Kasargode on 29.9.1995 challenging the election of the petitioner on the ground that the counting of votes was not properly done. The said O. P. filed by the 1st respondent was numbered as O. P. No. 6 of 1995 and notice was sent to the petitioner on the above said petition along with the copy of the election petition.

(2.) The petitioner on receipt of the notice in the election petition and the copy of the election petition filed an objection before the Principal Munsiff raising 3 points, namely: (1) that the Govt. have not notified the appropriate courts for dealing election cases after consulting the High Court as contemplated under S.89(c) of the Act, and so the Principal Munsiff, Kasaragode, has no jurisdiction to deal with the election petition filed by the 1st respondent; (2) that the election petition was not properly filed in terms of sub-s.(2) of S.89 of the Act as the 1st respondent did not attest the copies of the election petition under his own signature to be true copies of the petition; (3) that the election petition was not signed by the petitioner in O. P. No. 6 of 1995 in the manner laid down in the Civil Procedure Code and the petitioner did not sign the annexure or the schedule and verify the same in the same manner as in the petition. The Principal Munsiff, on consideration of the above three points dismissed the petition by his order under Ext. P3. This O. P. is in challenge of the said order.

(3.) Though three points, as stated earlier, were raised by the petitioner before the Principal Munsiff, counsel appearing for the petitioner before this Court gave up the 3rd point and confined his argument only to the first two points. As regards the first point it is to be stated that the Government in consultation with the High Court have issued a notification notifying the Principal Munsiff, Kasaragode, as the court to deal with election petitions.