GOVINDAN KUTTY NAIR Vs. C R DAS

JUDGEMENT

(1.) The first defendant in O.S. No. 1 of 1958 of the District Court of Trivandrum is the petitioner before us. The prayers in the plaint are for a declaration that the election of the first defendant as Mayor to the City Corporation of Trivandrum for the year 1958-59 is invalid and for a permanent injunction restraining the first defendant from functioning as Mayor during the period 1958-59. It is common ground that the valuation of the suit for purposes of jurisdiction is Rs. 100 and that but for the provisions of the S.62 of the Trivandrum City Municipal Act, Act IV of 1116, there can be no doubt that the plaint has to be returned for presentation before the Court of the District Munsiff of Trivandrum under R.10 of O.7 of the Code of Civil Procedure, 1908.

(2.) S.62 as amended by Act XVIII of 1952 reads as follows:

(3.) There can be no doubt that the rule applies only to disputes arising out of the elections of councillors of the Corporation of Trivandrum and that it has nothing to do with disputes relating to the election of a Mayor of that corporation. It is agreed that no similar rule obtains regarding the election of a Mayor and in view of that we must hold that the matter in controversy has to be resolved solely in accordance with the provisions of S.15 of C.P.C., 1908: