ANTAPPAN Vs. ASOKAN

JUDGEMENT

(1.) The question involved in this revision petition is the validity of the election to the Elappara Grama Panchayat held on 23.9.1995 with regard to Ward No.IX.

(2.) Antappan, the revision petitioner herein was declared successful in the election held on 23.9.1995 and was consequently allowed to be sworn in a member of the Elappara Grama Panchayat. The first respondent in the case - Asokan had also given nomination paper in the election from the same Ward; but his nomination had been rejected by the Returning Officer on the ground that he was a defaulter of building tax due to the same Panchayat. In the election petition he challenged the said decision of the Returning Officer and contended that his nomination was wrongly rejected. The Election Court upheld the contention and consequently declared that the election of the revision petitioner was invalid. The appellate Court (District Court) upheld the contention and it is these concurrent findings that are challenged in the revision.

(3.) The learned counsel for the revision petitioner raised only two contentions. Firstly, it was pointed out that the Courts below were incompetent to decide the question whether the first respondent was actually disqualified to contest the election and that it was only the State Election Commission which could go into that aspect. Secondly, it was argued that the first respondent was clearly a defaulter as rightly held by the Returning Officer and as such, was ineligible to contest the election. Counsel submits that in the circumstances, the orders of the two Courts below are liable to be interfered with in exercise of the revisional jurisdiction available with this Court in view of the decision in CRP No. 2243/1948 and other connected cases of this Court.