THOMAS K. PEELIANICKAL Vs. STATE ELECTION COMMISSION KERALA

JUDGEMENT

(1.) The case set up in this Writ petition (C) is as follows:

(2.) Heard Sri.Mathew Sebastian, learned counsel appearing for the petitioner and Sri.Murali Purushothaman, learned Standing Counsel for the Kerala State Election Commission appearing for R1 and R2. In the nature of the orders proposed to be passed in this Writ petition notice to R3 and R4 (Nedumkunnam Grama Panchayat) will stand dispensed with.

(3.) The case of the petitioner is that, he is a resident and voter of the 3rd respondent Nedumkunnam Grama Panchayat and that the issuance of Ext.P5 notification dated 02-06-2020 by the 2nd respondent Returning Officer for conduct of election to the vacant office of president of the said Grama Panchayat is illegal and improper. One of the main grounds urged is that statutory rules prescribed that notice of not less than seven clear days should be given for the conduct of the election and that in the instant case Ext.P5 notification is issued on 02-06-2020 and the election is scheduled to be conducted on 12-06-2020 and in all likelihood the minimum requirement of seven clear days of notice may not have been satisfied and therefore, election process itself is vitiated. Further that the whole state as well as the respondent Grama Panchayat areas are now facing issues of Covid-19 pandemic and therefore it is quite unreasonable to conduct the election at this time. It is also pointed out that a reading of Ext.P5 notification would make it clear that election is ordered to be conducted on 12-06-2020 at 11 a.m, in the meeting of the elected members of the Panchayat Committee and that it is mentioned in Ext.P5 notice that 12-06-2020 is a Monday, whereas 12-06-2020 actually falls on a Friday.