( 1 ) THIS revision petition is directed against the order of the Additional District Munsif Magistrate, Kakinada, made in C. C. No. 297 of 1956 rejecting the preliminary objection taken by the petitioner before him as to the maintainability of the prosecution in that case.

( 2 ) THE facts out of which this revision petition has arisen may be briefly stated; The petitioner was a member of the Panchayat Board, Yeleswaram in East Godavari District. He was appointed as temporary President for the purpose of conducting a meeting of the Panchayat Board in order to effect the co-option of a woman member to the Panchayat Board. This meeting was conducted on 11-7-1956. At that meeting one Nookamma was co-opted as the woman member. The respondent in this revision petition filed a Writ Petition in the High Court against the co-option, which was dismissed on the ground that an alternative remedy by way of an election petition lay. Later the respondent filed an election petition questioning the co-option. While doing so he also prayed for the condonation of delay in tiling the election petition, as apparently it was not filed within the time prescribed by law. The delay was, how