M P MANGALA GOUNDAR Vs. PSAYYATHORAI MUDALIAR

JUDGEMENT

(1.) This is an application under Section 115 of the Civil Procedure Code for revising the order of the Subordinate Judge of Dindigul, setting aside the election of the petitioner as Councillor of the Palani Municipality.

(2.) The facts are: The petitioner and the respondents contested the seat for the first ward in the Palani Municipality at the election held on 10 September, 1926. The petitioner came up, at the top of the poll and was declared elected. The 1 respondent filed a petition before the Subordinate Judge of Dindigul objecting to the election of the petitioner on the ground that he was disqualified at the time of the election from standing as a candidate for the vacant councillorship as he was at the date of nomination and election the employer of a sitting Councillor, one Selva Dandapani Gurukkal. Several issues were raised and on the issue as to jurisdiction, the Subordinate Judge held that the Civil Court had no jurisdiction to go into the question of disqualification when once the Government passed an order under Rule 31 upholding the validity of the nomination on the specific ground alleged in the petition itself and made a few observations on the other issues and dismissed the petition. The 1 respondent applied to this Court in Ayyaithorai Mudaliar V/s. Mangola Goundar for revising the order of the Subordinate Judge and a Bench consisting of Madhavan Nair and Curgenven, JJ., decided that the Lower Court erred in holding that the decision of the Government under Rule 31 regarding the validity of 1 respondent's (petitioner herein) nomination was final or binding upon the Court in this case.

(3.) The learned Judges set aside the order of the Subordinate Judge and directed him to dispose of the petition on the merits. He has now held that Dandapani Gurukkal was a servant of the petitioner and the petitioner was, therefore, disqualified for election under Section 49, Clause (vi) of the District Municipalities Act, and his election was consequently void, and set aside the election of the petitioner and ordered a fresh election to be held.