The petitioner was a candidate for election to the post of Vice President of the Kadangode Grama Panchayat in the election held on 28.1.2009. There are 17 elected members of the Panchayat and all of them attended the meeting convened for election. In the election conducted one vote was declared as invalid and as a result, both the petitioner as well as the 3rd respondent secured equal number of votes, viz., 8 votes each. Thereafter, the Returning Officer drew lots for deciding the elected candidate. The petitioner's name was drawn first. However, applying Sub Rule 7(c) of the Rule 9 of the Panchayat Raj Act, the Returning Officer eliminated the petitioner from the contest and declared the 3rd respondent as elected and an objection was preferred by the proposer of the petitioner to the Returning Officer. The The Returning Officer ruled that it is sub rule 7(c) of the Rule 9 of the Kerala Panchayat Raj (Election of President & Vice President) Rules (“Rules” for short) which is applicable. The petitioner's contention is that what is applicable is sub rule 7(a) of Rule 9 of the Rules and sub rule 7(c) is applicable only in cases covered by sub rule 7(b). As per sub rule 7(a), the person whose name is drawn in the lot is entitled to be declared as elected.
