G. BALUSAMY NAIDU Vs. ELECTION COURT AND ORS.

JUDGEMENT

(1.) THE petitioner seeks the issuance of a writ of certiorari to quash the order of the Election Court, Udumalpet, setting aside the election of the petitioner.

(2.) THE petitioner and respondents 2 to 4 contested for a seat from Ward No. 3 to Pudupalayam Panchayat in the General Elections held on 2nd February, 1965. At the time of scrutiny of nominations an abjection was raised by the second respondent that the petitioner was disqualified by reason of his having a subsisting contract with the Panchayat within the purview of Section 25(2) of the Madras -Panchayats Act, 1958 which will hereafter be referred to as the Act. This objection, was overruled and, in the subsequent poll, the petitioner was declared elected. Impugning this election the second respondent filed a petition under Rule 11(c) of the Rules for Decision of Election Disputes Relating to Panchayats. This objection as to the petitioner's disqualification prevailed with the Election Court with the result that the petitioner's election was set aside and a fresh election ordered. It is this determination of the Election Court that is impeached in this writ petition.

(3.) IN order to appreciate these contentions we will have to read the material statutory provisions. Section 28 of the Act reads: