Judgment :- 1. The petitioner filed an election petition under subsection (7) of S.22 or the Kerala Panchayats Act, 1960, before the 2nd respondent, the Munsiff of Alathur, as Election O. P. No. 6 of 1964. That petition has been dismissed by Ext. P-1, an order dated 10 81964, on the ground that the petitioner not being a member of the Panchayat was not entitled to present a petition under the provision above-mentioned. 2. Sub-section (7) of S.22 reads as follows: "Any voter of a Panchayat may, at any time within fifteen days after the date of nomination of a member under S.8, apply to the Munsiff for determination of the validity of such nomination and the provisions of this section shall, as far as may be, apply to such proceedings." The question for determination is the meaning of the expression "any voter of a Panchayat" occurring in the sub-section. According to the petitioner it means any person on the electoral roll of the Panchayat area; and according to the 1st respondent it means a member of the Panchayat entitled to participate in a nomination under sub-section (1) of S.B. 3. The expression "Panchayat" is defined in S.2 (20) of the Act. According to that definition "Panchayat" means "the body constituted for the local administration of a Panchayat area under this Act." The expression "Panchayat area" is defined in S.2 (21) of the Act. According to that definition "Panchayat area "means "any local area declared as such by the Government or such other authority as may be authorised by the Government for purposes of this Act." 4. S.3 of the Act deals with the Government's powers to create and alter the Panchayat areas and S.4 with the constitution of Panchayats and their incorporation. According to that definition "Panchayat area "means "any local area declared as such by the Government or such other authority as may be authorised by the Government for purposes of this Act." 4. S.3 of the Act deals with the Government's powers to create and alter the Panchayat areas and S.4 with the constitution of Panchayats and their incorporation. Sub-section (1) of S.4 provides: "The Director shall, by notification in the Gazette, constitute a Panchayat for each Panchayat area for carrying out all or any of the purposes of this Act."; and sub-section (3): "Every Panchayat shall be a body corporate by the name of the Panchayat area specified in the notification issued under S.3; shall have perpetual succession and a common seal; and subject to any restriction or qualification imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted." 5. S.6 of the Act says: "The members of the Panchayat shall be elected in such manner as may be prescribed."; and sub-section (1) of S.8: "Notwithstanding anything contained in S.S, S.6, S.7 & S. 11, in any Panchayat to which no woman has been elected as a member under S.6, the Panchayat shall in the manner prescribed nominate a woman to be a member of the Panchayat. No person shall be nominated under this sub-section unless she is qualified to be a member of the Panchayat in accordance with the provisions of this Act." 6. We entertain no doubt that the expression "any voter of a Panchayat" occurring in sub-section (7) of S.22 means any person who can vote the members of a Panchayat into office that is, any person borne on the electoral roll of the Panchayat area and not the members themselves. This is also the view taken by Govindan Nair J. in the order adjourning this petition for consideration by a Division Bench. 7. The expression "member" is defined in S.2 (18) of the Act. This is also the view taken by Govindan Nair J. in the order adjourning this petition for consideration by a Division Bench. 7. The expression "member" is defined in S.2 (18) of the Act. If the expressions "member" and "any voter of a Panchayat," are synonymous as contended by the 1st respondent, there is no reason why the legislature should not have used the former expression especially as a specific definition has been provided for that expression. 8. Our attention has been drawn to the decision of Gopalan Nambiyar J. in 1965 KLT. (S. N.) 12 for supporting the contention of the 1st respondent. We do not understand that decision as expressing a definite view on the subject. All that the learned judge did was to refer to certain sections and say: "For the purposes of this O. P., I do not think it necessary to embark upon an extensive enquiry as to the scope and content of these provisions." 9. The petitioner is a person borne on the electoral roll of the Panchayat area. And as she is entitled to maintain the petition in the view we have taken of the meaning of the expression "any voter of a Panchayat" in sub-section (7) of S.22, the petition is competent and the conclusion of the Munsiff to the contrary cannot be sustained. 10. Two issues were framed for trial by the Munsiff: 1. Whether the petition is maintainable? and 2. Whether the nomination is valid as the President has exercised a casting vote? Of these the first was decided, against the petitioner and the second in her favour. In the light of what is stated above we must quash the decision in so far as it relates to issue No.1 and direct the Munsiff to pass a fresh order in accordance with law. We do so. 11. The petition is allowed as above. No costs. Allowed.