MALATHI J RAI Vs. SUHARA ABBAS ALI

JUDGEMENT

(1.) The issue that arises for consideration is whether under Section 34 (1) (j) of the Kerala panchayat Raj Act, 1994, dues towards a co-operative bank, a Primary Co-operative agricultural and Rural Development Bank can be treated as dues towards Government. The case has come up before us on a reference by a learned single Judge of this Court (P. R. Raman, J. ) doubting the correctness of the decision of a learned single Judge of this Court in Ramachandran v. Omanakuttan (2002) 3 KLT 603.

(2.) The revision petitioner was elected to the Bellur Grama Panchayat in the election held on 26-9-2005 from Ward No. II Challenging the election of the revision petitioner, the first respondent filed an election petition under Section 89 of the Kerala panchayat Raj Act. The election was sought to be set aside on the ground that the elected candidate was disqualified under Section 34 (1) (j) of the Kerala Panchayat Raj Act, 1994 to contest the election. It was alleged that she was a loanee of the Kasaragod Primary Co-operative Agricultural and Rural development Bank and there were dues to be payable to that bank and hence the disqualification under Section 34 (1) (j) is attracted. The apparent allegation was that the bank is advancing loans in terms of the agreement entered into with the Government and the Government is a guarantor also and therefore the amount due to the bank has to be considered as amount due to the Government. There were other grounds also.

(3.) The learned Munsiff as per judgment dated 7-11-2006 partly allowed the petition setting aside the election on the finding that she was disqualified to become a Member of the Panchayat under Section 34 (1) (j) of the act. In appeal by the revision petitioner, the judgment of the learned Munsiff was upheld by the District Judge, Kasaragod. In both judgments, reliance was placed on the dictum laid down in the decision reported in 2003 (3) KLT 603, wherein a learned single judge of this Court has taken the view that amount due to a primary co-operative Agricultural and Rural Development Bank is arrears due to the Government.