RAJESH Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who is the Councilor representing Division No. 4 of Kollam Corporation and an SLR worker in the Water Resources Department, has filed this Writ Petition challenging Ext.P2 communication issued to him by the Secretary of the Kerala State Election Commission and seeking a declaration that he is entitled to contest in the ensuing elections to the Kollam Corporation.

(2.) By Ext.P2 letter dated 31.8.2010 the Secretary of the Kerala State Election Commission informed the petitioner that the Ground Water Department is a Department of the Government and therefore the petitioner, who is an employee of the said Department, is disqualified from being a member or for being chosen as the Councilor of a Municipality in view of Section 86(1) of the Kerala MunicipalityAct, 1994.

(3.) Section 86(1) of the Kerala Municipality Act, 1994 reads as follows: