ORDER :

CHANDRA REDDY, J.

2. This reference is made by the District Munsif, Gudivada appointed as the Election Commission to deal with the elections held under the Madras Village Panchayats Act.

3. This is how the reference arose. An election petition was filed by One Pantala Nagaiah of Vanudurru questioning the election of one Gudavalli Veeraswami as the Vice-President of Vanudurru panchayat. A court-fee of Rs. 3/- was paid on the petition under Art. II(1)(2) Schedule II of the Andhra Court-fees and Suits Valuation Act, 1956.

4. An objection was taken by the Office that a court-fee of Rs. 50/- should have been paid under Art. 11(v)(ii) of Schedule II on the ground that the word ‘President’ includes the Vice-President.

5. As the Election Commission felt a doubt as to the interpretation of the two provisions, he referred the matter to this Court.

6. It is unnecessary for us to consider whether it is Art. 11(1)(2) or Art. 11(1)(v)(ii) that governs this case, as we feel that the reference itself is incompetent. The only provision of law under which reference should be made to this Court is Section 113 read with Order 46, Rule 1 C.P.C.

7. Section 113, in so far as it is relevant for this