K.V.SARALA Vs. ALEX

JUDGEMENT

(1.) The captioned Writ Appeal is filed by the second respondent in W.P.(C) No. 9959 of 2014 challenging the judgment of the learned Single Judge dated 14.12.2015, whereby learned Single Judge set aside Ext.P3 order passed by the Kerala State Election Commission in O.P.No. 47 of 2013 dated 01.03.2014 filed by the first respondent/writ petitioner invoking the provisions of Section 92 of the Kerala Municipality Act, 1994 (hereinafter called 'the Act, 1994) attributing disqualification against the appellant as a councillor of Aluva Municipality under Section 91(1)(f)of Act, 1994, and held as follows at paragraphs 9 to 15:

(2.) Brief material facts for the disposal of the appeal are as follows:

(3.) The foundation of the case put forth by the appellant was that the Secretary of the Sreekrishna-swamy Temple Advisory Adhoc Committee, Aluva entered into a contract with the Secretary of the Aluva Municipality on 31.01.2012 for construction of the temporary bridge on build operate transfer basis, and subsequently, a further agreement was executed on 17.02.2012 between the appellant and the Secretary of the Aluva Municipality, whereby charge was created in the property of the appellant for repayment of the amounts advanced for the work by the Municipality related to the construction of the temporary bridge across the river Periyar in connection with Sivaratri festival in February, 2012. In the year 2012, there arose a situation where the contractors declined to undertake the work of construction of the temporary pedestrian bridge. Matters being so, according to the appellant, Municipality requested the Adhoc Committee of Sreekrishna- swamy Temple to take over the construction of the foot over bridge for the Sivaratri season of February, 2012. Apparently, the issue gained the attention of a Division Bench of this Court considering Devaswom matters in DBP No.29 of 2009 and pursuant to the direction issued by the Division Bench in the above specified proceedings, the Adhoc Committee of the Sreekrishna-swamy Temple took over the construction of the foot over bridge and completed the same in time.