GOPALAKRISHNAN NAIR Vs. MUNSIFF

JUDGEMENT

(1.) Petitioner was elected to the Kumaranalloor Panchayat from Ward No. I at the election held on January 23, 1988. The second respondent, who was also a candidate, filed petition under S.22 of the Kerala Panchayats Act, 32 of 1960 before the Munsiff, Ettumanoor to declare the petitioner's election as invalid and void, and for other reliefs. The petition stood posted to various dates, after the petitioner entered appearance, and filed his objections. On September 29, 1988, the Munsiff directed the second respondent to take steps for service of copy of the election petition on the President of the Panchayat, and for publication, as required by R.10 of the Kerala Panchayats (Decision of Election Disputes) Rules, 1963. The steps were directed to be taken within three days, and the case was posted to October 6, 1988. The second respondent paid the necessary batta on October 1, 1988 for service of copy of the petition on the President of the Panchayat, and produced copies of the petition and the list of allegations and corrupt practices for purposes of publication, On October 3, 1988. 2nd October was a holiday, being Sunday.

(2.) It is stated that on October 6, 1988, when the case was called, Sri. Sasikumar, advocate, represented these facts before the Munsiff, on behalf of the second respondent's counsel Sri. C. L. Joseph. But his representation was not considered as he did not have vakalath to represent the election petitioner. Sri. C. L. Joseph could not himself appear on that day on account of some personal inconvenience. The election petition was thereupon dismissed for default.

(3.) Within a few days, i. e. on October 10, 1988 the second respondent filed an application Ext. P2 to restore the petition to file. The petition was supported by an affidavit Ext. P3 of his counsel Sri. C. L. Joseph deposing to the facts mentioned above. The petitioner objected, inter alia with the contention that the Munsiff had no jurisdiction to restore an election petition dismissed for default. The objections were not accepted, and the Munsiff restored the election petition to file by the order Ext P5. This order is challenged by the petitioner.