RAVULA RADHAKRISHNAMURTHY Vs. SUBORDINATE JUDGE BAPATLA

JUDGEMENT

(1.) Does an Election Petition lie to challenge the election to a Municipal Council at the instance of a rival candidate on the ground of lack of qualification, is the question posed by this writ petition. In answeringt this question, we have to examine the relevant provisions of the Madras District Municipalities Act and the Representation of the People Act. The controversy in this petition lies within narrow limits. But before we go into the merits of the problem to be solved by us in this case, it is convenient to state the material facts.

(2.) On the 27th June, 1959, elections to the Chirala Municipality were held under the District Municipalities Act (V of 1920) (hereinafter referred to as the Act). In the said elections, the petitioner and respondents 2 to 4 contested from Ward No. II and the petitioner was declared elected. Subsequently, his election was challenged by the 2nd respondent by an Election Petition before the Subordinate Judge, Bapatla (Election Commissioner) alleging inter alia that the petitioner was ineligible to stand as a candidate, being under twenty-one years of age. It is unnecessary to refer to the other allegations in the petition, as they were all found to be unsubstantiated, by the Election Commissioner and that finding is not canvassed before us.

(3.) The Subordinate Judge, on the material placed before him, reached the conclusion that the petitioner was less than twenty-one years of age, and as such was not competent to stand as a candidate; with the result he invalidated the election of the petitioner. The aggrieved petitioner seeks to remove that order in this petition. The chief argument in support of the petition is that the disqualification of a candidate cannot form the ground of attack in an election petition filed before the Subordinate Judge. It is contended that it is only persons referred to in section 51 of the Act that could agitate the matter, and that too, before the District Judge, and that it is not competement for a Subordinate Judge to entertain a petition questioning the validity of an election.