P K ARJUNAN Vs. N LAKSHMI

JUDGEMENT

(1.) THE concurrent judgments of both the Courts below giving a declaration to the plaintiff as a Ward Member and that the order passed by the defendant, declaring that the plaintiff was disqualified to the post of Ward Member, was null and void and consequently granting mandatory injunction, directing the defendant to allow the plaintiff to participate in the Panchayat Meetings and conduct the proceedings, is the subject matter of this Second Appeal, filed by the defendant.

(2.) ACCORDING to the plaintiff/respondent, she was elected as a Ward Member of Vanamadevi Panchayat unopposed and there was a declaration to that effect by the Returning Officer, Cuddalore Panchayat, on 21. 10. 2001; originally, the defendant was elected as President of the said Panchayat and since she supported a man in the opposite camp of the defendant for the election of Vice-President, the defendant became inimical towards her and fabricated the records as if she, despite receipt of notice issued by the defendant, had not attended three consecutive meetings and, on the basis of it, the defendant passed an order, disqualifying the petitioner from the Ward Member post.

(3.) THE suit was contested by the defendant, on the ground that the suit was not maintainable, as the suit was an essence of an election petition and, as such, Civil Court had no jurisdiction to decide the matter. It was further contested that notices were issued, the same were received by the plaintiff and, despite the same, she was not bothered to attend any of the three consecutive meetings and when she did not attend consecutively for three meetings, she became automatically disqualified by her absence and, therefore, the suit was liable to be dismissed.