R. NARAYANASWAMI Vs. T.K. SRINIVASAN AND ANR.

JUDGEMENT

(1.) THESE two Revision Petitions have been filed by one R. Narayanaswami under the following circumstances. Towards the end of March, 1965, one T.K. Srirangan, the contesting respondent in these petitions, was declared elected as a member of the Kondayampalayam Panchayat Board. The petitioner was also one of the persons declared elected as a member. The petitioner did not file any objection then that the first respondent Srirangan was disqualified for election as a member. On 15th April, 1965 he filed a petition O.P. No. 29 of 1965 to the prescribed judicial authority (District Munsif, Coimbatore) under Section 28 of the Madras Panchayats Act, 1958 (XXXV of 1958) alleging that the first respondent was disqualified for election on the ground that he was an undischarged insolvent. The facts on that point are really not in dispute. The first respondent had filed a petition himself (Exhibit A -1) I.P. No. 15 of 1962 under Sections 10 and 13 of the Provincial Insolvency Act (V of 1920) in the Court of the District Munsif, Coimbatore, to be adjudged insolvent. He was adjudged insolvent on 12th March, 1963 and he was given six months' time to apply for discharge. But he did not file an application within the time or the extended time granted to him. The result was that on 20th June, 1964 his adjudication was annulled under Section 43 of the Provincial Insolvency Act, the actual order being " Discharge Petition not filed. Adjudication annulled." Section 25(2)(b) of the Madras Panchayats Act runs:

(2.) ALONG with the application O.P. No. 29 of 1965, the petitioner filed an application for temporary injunction to prevent the first respondent Srirangan from contesting the presidential election scheduled to take place on 19th April, 1965. An ex parte injunction was granted. In view of that, the first respondent who appeared at the time of the election in order to contest the presidential seat was prevented from contesting that seat at the election. The petitioner Narayanaswami was elected as President unopposed. Thereafter, Srirangan filed O.P. No. 31 of 1965 to set aside the election of the petitioner Narayanaswami on the ground that he had not really incurred the disqualification under Section 25(2)(b) of the Madras Panchayats Act, his point being that .when the insolvency was annulled, it was wrong to speak of him as an insolvent and therefore wrong to describe him as an undischarged insolvent. He also urged that Section 172 of the Madras Panchayats Act was an absolute bar to the civil Court issuing the temporary injunction in respect of the election on 19th April, 1965. He also pointed out that under Section 28(2) of the Act, pending the decision in O.P. No. 29 of 1965, he, Srirangan, shall be entitled to act as if he was qualified or were not disqualified.

(3.) SRI Mohan, learned Counsel for the petitioner, submits that in interpreting Section 25(2)(b) of the Panchayats Act we must have regard to Section 73 of the Provincial Insolvency Act, which runs thus: