LINGALA SIVAIAH Vs. MUNSIF MAGISTRATE MEDAK

JUDGEMENT

(1.) This a petition under Article 226 of the Constitution to issue a writ in the nature of Prohibition, or any other appropriate writ, direction, or order, restraining the Election Commissioner, the first respondent herein, from proceeding with O.P. No. 15 of 1961 on his file. The facts leading to the Writ Petition are as follows: O.P. No.15 of 1961 on the file of the Munsif-Magistrate, Medak, who is the Election Commissioner according to the rules, wa? filed by the 2nd respondent herein for a declaration that the three petitioners herein were disqualified to contest for the respective seats for which they stood for elections of the Panchayat Samithi, block Medak, and that the candidates whom they opposed, impleaded as re pondents 4 to 6 in the petition, be declared elected unoppobed, and also for a declaration that the election at the special meeting of the Samithi held on 22nd April, 1961 was materially affected and vitiated. The petition was filed under rule 47 of the Rules for the decision of Election Disputes (hereinafter called the rules) framed under section 69 (1) of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act. (XXXV of 1959) (hereinafter called the Act).

(2.) The petition was presented by the 2nd respondent on 27th May, 1961 with Court-fee labels of the value of Rs. 8 instead of paying the Court-fee of Rs. 25 as required by Article 11 (v) of Schedule II of the Andhra Court-Fees and Suits Valuation Act (VII of 1956). The petitioner also failed to produce the Notification, dated 22nd April, 1961, and the security was also not furnished. On account of these defects, the Election Commissioner made an endorsement on 27th May, 1961 thus : " Return the plaint to the party for rectifying the defects within a week".

(3.) But it is alleged that the petition was actually returned tc the Advocate only on 30th May, 1961. On 6th June, 1961, it was re-presented with an endorsement that the defects were complied with within a week from the date of reception, viz., 30th May, 1961, in time. On the same day the deficit Coma-fee of Rs. 17 was also paid. On 6th June, 1961 the office made an endorsement that the deficit Court-fee of Rs. 17 had been deposited, and the Notification also produced, that the plaint was given to the Advocate on 3Oth May, 1961, and, according to that date, the Court-fee paid was within one week and within time, and that the surety bond and the cash are to be deposited. Thereupon, an order was passed by the Electicn Commissioner on the same day that the petition be taken in the concerned register, and that notices be issued to concerned parties as per law, and that the petition be posted to 22nd June, 1961.