Territorial and pecuniary jurisdiction are one thing and subject matter is another thing.

1. The present Revision is directed against the order of the learned Principal District Judge, Vellore, dated 12. 2007 made in election Original Petition No.8 of 2007.

2. The third respondent in the said election Original Petition is the petitioner herein, the petitioner thereon is the first respondent and respondents 1, 2 and 4 in the said petition are respondents 2 to 4.

3. The short facts which are required for the disposal of the present Revision are set out here under:

Election for electing Councillors for Tiruttani Panchayat Union was held on 110. 2006 and 12 Councillors were elected. All of them assumed office at 10.00 a.m. in the office of the Tiruttani Panchayat Union on 210. 2006. Election of Chairman of the Tiruttani Panchayat Union was announced to be held on 210. 2006 at 10.00 a.m. and election of Vice Chairman at 2.00 p.m. on the said date. The third respondent, the Returning Officer, who is holding the rank of Revenue Divisional Officer, Tiruttani, distributed forms supplied by the State election Commission and the forms have been collected and filled up and submitted to the Returning Officer. Later, the Returning Officer announced the result. The petitioner herein was declared as elected as Chairman of the said Panchayat. The first respondent herein challenged the said election before the learned Principal District Judge, Tiruvallur, in O.P. No.117 of 2006. The petitioner herein filed Tr.C.M.P. No.152 of 2007 under Section 24 of Civil Procedure Code before this Court praying to withdraw the said election Original Petition from the file of learned Principal District Judge, Tiruvallur, and to transfer the same to the file of learned Principal District Judge, Tiruvannamalai. On 6. 2007, a consent order was passed by this Court transferring the said election Original Petition pending before the learned Principal District Judge, Tiruvallur, to the file of learned Principal District Judge, Vellore. The Election Original Petition has been re-numbered as E.O.P. No.8 of 2007 before the learned Principal District Judge, Vellore. The learned Principal District Judge, Vellore, allowed the election Original Petition declaring that the election of the petitioner held on 210. 2006 is void and also directed respondents 2 and 3 to conduct a fresh election for the said post according to law. The said order is under challenge in the present Revision.

4. Mr. K. Subramaniam, learned Senior Counsel appearing for the petitioner broadly raised the following issues and contended that the order of the learned Principal District Judge, Vellore, has to be set aside:

(a) The learned Principal District Judge, Vellore, has no jurisdiction to decide the election Original Petition pertaining to the Chairman of the Tiruttani Panchayat Union, since the competent Court to decide the matter is the Principal District Court, Tiruvallur.

(b) On merits, the learned Principal District Judge, Vellore, went wrong in declaring that the election of the petitioner as Chairman in the said Panchayat Union as void.

(c) On 210. 2006, the Returning Officer viz., the third respondent herein has found that the nomination of the petitioner alone was in order and hence the petitioner was declared as elected as Chairman of the said Panchayat Union and the same has not been properly considered by the learned Principal District Judge, Vellore.

5. Per contra, Mr. R. Muthukumaraswamy, learned Senior Counsel appearing for the first respondent made the following submissions:

(a) The Election Original Petition was originally filed before the Competent Court viz., Principal District Court, Tiruvallur, but, however, since the petitioner filed a Transfer Application in Tr.C.M.P. No.152 of 2007 praying for withdrawal of the Election Original Petition filed by the first respondent and to transfer the same to the file of learned Principal District Judge, Tiruvannamalai, and a consent order was passed by this Court transferring the election Original Petition from the fi