M.R. Hariharan Nair, J.

The petitioner is the returned candidate from Ward No. 8 of Thazhakkara Village in the Panchayat Elections held in 1995. O.P. 6/1995 was filed before the Election Tribunal (Munsiff, Mavelikkara) by the first respondent herein challenging the validity of the election. As per order dated 14.10.1997 the Election Tribunal accepted the contention of the present revision petitioner who was first respondent in the O.P. that the O.P. was not properly presented and dismissed the same under S.93(1) of the Panchayat Raj Act. The present first respondent thereupon took up the matter before the District Judge, Alappuzha who is the designated authority to hear appeals with regard to election matters. As per the impugned order the learned District Judge allowed the appeal and found that the election petition was properly filed and directed the Election Tribunal to proceed with the petition in accordance with law.

2. The learned counsel for the revision petitioner placed reliance on S.89(1) Panchayat Raj Act which insists that election petitions should be presented in person. I was also taken through the decision reported in Saraswathy v. Kamala & Ors. (1997(1) KL