IN RE: M.K. RAVUTHA GOUNDER Vs. STATE

JUDGEMENT

(1.) THIS is an application for the issue of a writ of prohibition restraining the respondent, the Regional Inspector of Municipal Councils and Local Boards, Coimbatore, from conducting the election to the office of the President of the Panchayat at Mylambadi Village, Coimbatore district, which was fixed to take place on 15th May, 1958. Mylambadi village has been notified as a Panchayat under the provisions of Madras Act X of 1950. The petitioner is an elector therein. The appropriate authority under the Act has fixed that the Panchayat is to be composed of 15 members. Elections of members to the Panchayat were held on 19th April, 1958, but only twelve out of the fifteen seats were filled up, there having been no valid nominations in respect of the remaining three. The election authority under the Act thereupon notified that fresh elections would be held for these three seats and fixed 21st May, 1958, for such fresh elections. In the meanwhile steps were taken to enable the Panchayat to function and a meeting of the twelve elected members was convened for 15th May, 1958, to elect a President from among them.

(2.) PETITIONER , a defeated candidate in the election, held on 19th April, 1958, and a prospective one in the coming elections claims to have an interest in the election of the President as he hopes to become a member of the Panchayat either by succeeding in the election petition which he intends to file in respect of the election in which he lost or by succeeding in the election to be held on 21st May, 1958. He challenges the jurisdiction of the respondent to convene a meeting of the existing members before the three members are elected and prays for the issue of a writ under Article 226 of the Constitution prohibiting the election of the President.

(3.) IN Salmond's "Jurisprudence" (Tenth Edition), at page 328, reference is made to Savigny's System, Section 90 for the proposition: