Arunachela Naicker vs C.K. Venkatachari and Others

This petition refers to an election petition which had been filed in the Court of the Subordinate Judge of Chingleput against the election of the

President of the Union Board of Uttaramallur. The Subordinate Judge apparently acting under Rule 4, Clause 3 of the Rules framed under the

Madras Local Boards Act transmitted the case to the Court of the District Munsif of Madurantakam. The District Munsif seems to have realised

that the procedure was not justifiable as his Court coy Id not be treated as a Court subordinate, to the Subordinate Judge under Rule 4 Clause 3

and the matter was represented to the Subordinate Judge. But the Subordinate Judge decided that he had power to transmit the case to the District

Munsif and get him to try it. This revision petition is against the order of the District Munsif proceeding to try the case under the orders of the

Subordinate Judge.

It seems to me that the order of the Subordinate Judge sending the case to the District Munsif is not correct. That order is not supported before

me by the respondent''s Vakil. The Court of the District Munsif of Madurantakam cannot be treated as a Court subordinate to the Court of the

Subordinate Judge of Chingleput as no appeals lie from that Court to the Subordinate Judge, but appeals lie to the District Court only. In the Civil

Courts Act the District Munsifs are not treated as subordinate to the Subordinate Judges. That being so, it is not possible to hold that the District

Munsifs Court was a Court to which the Subordinate Judge was entitled to send this petition. The Subordinate Judge himself should have tried the

matter.

I, therefore, set aside all the orders passed in this case and direct the Subordinate Judge to dispose of the election petition at an early date.

Costs of this revision petition will be costs in the election petition.