Patanjali Sastri, J.

1. The question that falls to be decided in this revision petition is whether a person whose adjudication is annulled under Section 43 of the Provincial Insolvency Act is disqualified for election as a member of a Local Board as an undischarged insolvent under Section 55(2)(b) of the Madras Local Boards Act. The respondent was adjudicated insolvent in 1928 and the adjudication was annulled in 1932 as he did not apply for discharge within the time prescribed. He was elected as a member of the Samayapuram-Kannanore Panchayat Board in June, 1938. Apparently no objection was raised on the ground of disqualification when he offered himself for election nor was any proceeding instituted to set aside his election after he was elected, but the petitioner who was also a member of the Board applied under Section 57 on 21st November, 1938, to the District Judge, Trichinopoly, in which the area of the Local Board is situated, to determine whether or not the respondent was disqualified under Section 55 of the Act. The learned District Judge held that the adjudication of the respondent having been annulled, he could not be said to be an undischarged insolvent and acco