AIR 2002 KERALA 89 ::(2001) 2 Ker LJ 767 ::2001 (3) KerLT 867 ::ILR(ker) 2001 (3) KER 538

Kerala High Court

Hon'ble Judge(s): V. P. Mohan Kumar, K. K. Denesan , JJ

(A) Constitution of India , Art.243O— Election - Falling within ambit of Art.243O - Can be judicially reviewed in accordance with legislation enacted in that behalf. It is one thing to say that the said review is forbidden by constitutional means and yet another thing to declare that judicial review can be only in the manner provided by the legislation enacted in that behalf invoking Art. 243-O. The providing of legal remedy to review the election process saves the power of the Courts to review the election process as also the criticism that judicial review is being excluded. As such an election coming within the ambit of Art. 243-O of the Constitution can be judicially reviewed in accordance with the legislation enacted in that behalf.(Para 5) (B) Kerala Panchayat Raj Act (13 of 1994) , S.88— Election petition - Trial - Authority constituted under S.88 - All powers of Civil Court are conferred on it - Marginal notes to Art.243-O are not ambiguous and cannot be taken to mean that jurisdiction of Civil Court is totally ousted. 1997 AIHC 799 (Ker), Overruled. Constitution of India , Art.243O— Interpretation of statutes - Marginal notes. The authority trying an election dispute under S. 88 being the Munsiff, could exercise all the....