KOCHI: The Kerala High Court on Friday held that Munsif Courts had no authority to conduct an election by ‘draw of lots’ or otherwise and such activities were an interference to the jurisdiction of State Election Commission.
The court also stated that setting aside the election of the president and vice-president and deferring disposal of the case to a fixed date was illegal.
Justice S S Satheesachandran quashed the order of the Chittoor Munsif court, which set aside the election of the president and vice-president of the Kollengode grama panchayat.
The Munsif Court also ordered a ‘draw of lots’ at the court hall to elect the president and vice-president.
The petition challenging the propriety of the lower court order was filed by K Guruvayoorappan, Achanamkotil, Nenmeni, Kollengode, whose election as vice-president was set aside.
His election was set aside by the lower court on the grounds that Santhumuthu, a member who voted Guruvayoorappan’s favour, did not write his name on the reverse side of the ballot paper as required under Section 153(&A) of the Kerala Panchayat Raj Act. “Santhumuthu subscribed the signature on the reverse side of the ballot and when his signature demonstrably identifies his name, the vote cast is not liable to be rejected,” the court stated.
The court further criticised the order passed by the Munsif was because of ignorance or disregard of the provisions of the law.