T R RAVI Vs. ALI KUNHU

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India raises the question as to whether the competence of a court of exclusive territorial jurisdiction to try an election petition under the Kerala Panchayat Raj Act, 1994 - "Act", for short - depends upon it being notified under Section 88(2) of that Act.

(2.) The reliefs sought for in this writ petition are a declaration that the Munsiff's Court, Sulthan Bathery has jurisdiction to try the above election petition and a direction to expedite trial. These reliefs are sought for on the averment that the election petition is not being taken up for trial on the apparent reason that the Munsiff 's Court, Sulthan Bathery is nota court notified under Section 88(2) of the Act.

(3.) Having regard to the general importance of the questions of law arising for decision, on the undisputed facts, touching the administration of justice in this State, it is appropriate to decide that issue rather than relegate the parties to the court below to have a decision on that. Accordingly, the learned Counsel for the parties are heard.