POOSARILAR EKAMBARAM PILLAI Vs. VISALAKSHMI

JUDGEMENT

(1.) This civil revision petition is filed under Art. 227 of the Constitution of India relating to the election of the President of Omandur Panchayat in Lalgudi taluk.

(2.) The said election took place on 23-2-1986 and the revision petitioner herein and seven others contested the same. The first respondent herein was duly declared elected as President of Omandur Panchayat having secured 366 votes and the petitioner before me secured 294 votes.

(3.) The election of the first respondent in the said election was challenged by the petitioner herein by way of an election petition before the Election Tribunal (District Munsif, Thuraiyur), in O.P. No.7 of 1986. Against the order of the Election Tribunal dated 5-8-1987, the first respondent preferred a Civil Revision Petition in C.R.P. No.3262/ 87 before this Court. In the said civil revision petition, Mohan, J. (as he then was) felt that one important question to be decided in this case is whether the first respondent herein is a citizen of India. By order dated 13-6-1988, Mohan, J. (as he then was) in the said C.R.P. No.326 of 1987, has held that having regard to the terms of Art. 5 of the Constitution of India, two aspects require to be decided (1) whether the petitioner therein was domiciled in India on 26/01/1950 when the Constitution came into force and (2) whether one of her parents was born in the territory of India and to decide the abovementioned questions, the election petition was remitted back to the Election Tribunal by the learned Judge, to give a fresh disposal on those two aspects. After remand, by the impugned order herein, the Election Tribunal came to the conclusion that the first respondent herein is a citizen of India and as such it upheld her election as President of Omandur Panchayat dismissing the petition filed by the petitioner herein. Against that order, the petitioner has come up to this Court to set aside the election of the first respondent herein as Presidents of the Omandur village Panchayat, Lalgudi taluk.