SUKUMARAKURUP Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This appeal filed against the judgment dated 4.3.1997, raises a somewhat ticklish, but an important question of law.

(2.) The facts, in brief, are that to elect a member from Ward No. 5, Alanthara Constituency in Nellanad Grama Panchayat, an election was held on 23.9.1995, which was contested by the appellant / petitioner and respondent Nos.3 to 6. The nomination filed by the petitioner was opposed by respondent No. 3 before the Returning Officer as well as before the State Election Commission on the ground that he (petitioner) incurred disqualification, as envisaged by S.34(1)(g) of the Kerala Panchayat Raj Act, 1994 (for short 'the Act'), in as much as he was interested in a subsisting contract made with the Kerala Government. It is averred that the said objection was overruled by the Returning Officer. Aggrieved, respondent No. 3 challenged the order of the Returning Officer before the State Election Commission, who affirmed the order of the Returning Officer on 29.8.1995. Thereafter, the election was held on 23.9.1995 and the result was declared on 28.9.1995. The appellant was declared elected and respondent No. 3 stood next to him.

(3.) Thereafter, respondent No. 3 called in question the election of the appellant by filing an election petition under S.89(1) of the Act before the Munsiffs Court, duly notified by Government in the Gazette under S.88 Clause (c) of the Act on the ground of improper acceptance of the nomination of the appellant, as envisaged by S.102 sub-s. (1) Clause (d) sub clause (i) of the Act, reiterating the ground raised before the Returning Officer that the appellant had interest in a subsisting contract made with the Kerala Government. The designated court accepted the contention of respondent No. 3 and declared the election of the appellant void. The appellant then appealed to the District Court under S.113 of the Act, but without success.