THOOROTU NOOKARMMA Vs. ELECTION COMMISSIONER PEDDAPURAM E GODAVARI

JUDGEMENT

(1.) This is petition under Article 226 of the Constitution for the issue of a Writ in the nature of Prohibition restraining the first respondent, the Election Commissioner (District Munsif), Peddapuram, from proceeding further with O.P. No. 37 of 1956 on his file.

(2.) The village of Yeleswaram situated in the East Godavari District, was classified as Class I panchayat under the provisions of section 5 of the Madras Village Panchayats Act, 1950, hereinafter referred to as the Act. Elections were duly held and nine members were elected to the said panchayat. The District Panchayat Officer, Kakinada, by his order, dated 30th June, 1956, appointed one Cangadharabatla Satyanarayana to act as the temporary President of the panchayat and he was directed to convene a meeting of the panchayat for the co-option of a woman member under the provisions of section 10-A of the Act. Accordingly, a meeting of the panchayat was held on nth July, 1956, which was attended by all the members and the petitioner was co-opted as a woman member of the panchayat. Aggrieved by the said co-option, the second respondent and another filed a Writ Petition in the High Court of Andhra (W.P. No. 778 of 1956) on 18th July, 1956, for the issue of a writ of certiorari to quash the proceedings of nth July, 1956, of the Panchayat Board, Yeleswaram. The High Court of Andhra, by its order, dated 24th August, 1956, dismissed the writ petition, observing as follows :

(3.) Subsequently, on 1st September, 1956, the second respondent filed an election petition (O.P. No. 37 of 1956) before the Election Commissioner (District-Munsif) of Peddapuram challenging the validity of the co-option of the petitioner by the Panchayat Board on nth July, 1956. Along with the election petition, the second respondent filed an application (I.A. No. 1283 of 1956) under section 14 of the Indian Limitation Act for excusing the delay in filing O.P. No 37 of 1956, as admittedly, it was filed beyond fifteen days, which is the period of limitation prescribed by rule 2 of the rules framed under the Act for the decision of election disputes. The Election Commissioner allowed the application, directed the election petition, to be numbered and issued notice to the petitioner.