VADIVELU PADAYACHI Vs. SANJEEVI PADAYACHI AND ANR.

JUDGEMENT

(1.) THIS appeal which arises from the judgment of Srinivasan J., in W.P. No. 286 of 1961 relates to the validity of the election of the appellant as Chairman of the Panruti Panchayat Union Council. The election was held on 12th October, 1960. The Madras Panchayat Act of 1958 (Act XXXV of 1958) which will be referred to hereafter as the Act, provides for the establishment of two representative corporate bodies for the administration of villages : (1) the Panchayat . which is the local authority for the village for which it is established. (2) The Panchayat Union comprising several villages grouped together under the National Extension Service Programme with a view to facilitate community development under an organized block system. The former is administered by an elected Panchayat. The statute provides for a President and a Vice -President. The latter, namely, the Panchayat Union Council is to consist of persons who are indirectly elected to it, that is, by constituent Panchayats sending representatives to it. Under the Act there should be a Chairman and Vice -Chairman for the Panchayat Union Council. The Panchayat Union Councils came into existence for the first time on 2nd October, 1960. As it might take some little time before the constituent Panchayats could send their elected representatives in the prescribed manner to the Union Council, the Legislature passed Act XVII of 1960 to enable the Panchayat Union Councils to function forthwith. Section 2 of that enactment states:

(2.) IT is clear from the terms of the statute that the member of the Union Council should be the President of the Panchayat which lies within the area or block for which the Union is constituted.

(3.) ONE of the villages within the Panruti Panchayat Union is Sirugramam. It has a Panchayat; its President died a few days before the date fixed for the first meeting of the Union Council and Chinnathambi Padayachi its Vice -President was from that time doing the duties of the President by virtue of Section 34 (1) of the Act. He attended the meeting of the Panchayat Union Council on 12th October, 1960 which was convened for the purpose of electing a Chairman to the body. There was no objection raised to his participating in the election. Two candidates were proposed for the chairmanship the appellant and the first respondent. 38 votes were polled and among those that voted was Chinnathambi Padayachi. Both the candidates secured an equal number of votes, i.e., 19 each. Acting under Rule 17 of the Rules relating to the Election of Chairman of Panchayat Union Councils the officer who presided over that day's meeting of the Council cast lots; the appellant who won the toss became entitled to the addition of one vote thereby and he was declared elected.