KRISHNA KUMAR Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) This Writ Petition is before us on a reference by the learned single Judge on the premise that there is conflict of opinion between the judgments of this Court in Kunjappan v. Rajan, 2004 1 KerLT 536and Vinodkumar v. Faizal,2010 1 KerLT 35.

(2.) The petitioner incurred cessation of office by the operation of Section 35(1)(k) of the Kerala Panchayat Raj Act, 1994, hereinafter, the 'K.P.R. Act', for short. A decision to that effect by the Election Commission has been upheld by this Court in Krishna Kumar v. Kerala State Election Commission, 2010 3 KerLT 315. The issue which has now brought the petitioner before this Court is referable to the question as to whether the operation of any disqualification referable to cessation of membership on account of Section 35(1)(k) of the K.P.R. Act is a perpetual disqualification or whether it is co-terminus with the cessation of the term of the committee, of which he ceases to be a member by the effect of Section 35(1)(k).

(3.) In Kunjappan (supra), after noticing the different aspects of the matter, including the power of the remaining members of the committee to even order restoration of the membership as enjoined by Section 37(2), this Court concluded that the disqualification of a member under Section 35(1)(k) is not a permanent feature and what is incurred is disqualification to hold that office for the rest of the term unless his membership is restored under Section 37(2). In Vinodkumar (supra), it was stated that the effect of Sections 29(f) and 31(1)(n) are automatic and run along with incurring of disqualification under Section 35(1)(q). The ground under Section 35(1)(q) is that which relates to the failure to file declaration of assets within the time limit prescribed in Section 159.