K.M. RAJARAM Vs. CHINNATHURAJ AND ANR.

JUDGEMENT

(1.) AN interesting question of law arises in this writ petition, viz., whether a person can be disqualified for election as a member of a Panchayat, on the ground that he was a lessee of a coconut thope belonging to the Panchayat, on the date of the nomination.

(2.) THE writ petitioner had taken out a lease of coconut thope belonging to the Panchayat. In the election to the Perambur Panchayat, Mayuram Taluk, held on 30th January, 1965, the petitioner was declared elected. The first respondent filed an election petition against the petitioner, for a declaration that the election was void, as the petitioner had an interest in a subsisting contract with the Panchayat, Board on the date of nomination, and he was therefore disqualified to be a member of the Panchayat.

(3.) THE only question, for consideration in this Writ petition is whether the petitioner can be disqualified, merely by reason of the fact, that he had taken out a lease of the thope belonging to the Panchayat.