DAMODARAN Vs. MUNSIFF THALIPARAMBA

JUDGEMENT

(1.) Petitioner was one of the candidates in the election to the post of Panchayat Member. The election was held on 25.9.95. Petitioner secured the highest number of votes and he was declared elected The 2nd respondent filed an election petition before the Munsiffs Court, numbered as O.P. 10/95.

(2.) Petitioner entered appearance in the case on 21.11.1995 and he wanted to file a counter along with the recriminate on petition as contemplated under S.99 of the Kerala Panchayat Raj Act. However, he could not file his recrimination petition within 14 days as contemplated under S.99. Therefore, he filed an application to condone the delay under S.5 of the Limitation Act, in filing the recrimination petition. That petition I.A. 138/96 was dismissed. The Original Petition is against this order.

(3.) The Election Court found that under proviso to S.99 of the Kerala Panchayat Raj Act, a counter has to be preferred within 14 days from the date of commencement of the trial. The words 'within 14days' are mandatory and" commencement of the trial" is explained in S.93. The Court also found on merits that the petitioner's contention that he was laid up was not true, since he participated in the Standing Committee Meeting on 22.12.95. On both the counts, the application was dismissed.