BHASKARAN Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) Leave is granted and the appeal is admitted. With the consent of the learned counsel for the appellant and the contesting respondents, the appeal was heard finally today.

(2.) We are concerned in this case with the problem that has arisen in respect of the fifth respondent, Shri P. I. Ittika, a member of Koovappady Panchayat. The sixth respondent, Shri P.P. Alphonse, is of opinion that the fifth respondent has incurred disqualification under S.20(m) of the Kerala Panchayats Act, 1960, on the ground that he has absented himself from meetings of the Panchayat for a period of three consecutive months. As the executive authority did not take any action on that representation of the fifth respondent, he has approached the Director of Panchayats under S.49 of the Act. It is his case that the fifth respondent had suffered such disqualification on two earlier occasions and had the benefit of restoration by invoking sub-s.(9) of S.21 of the Act and that he is not entitled to any further privilege of restoration. It is therefore his case that the fifth respondent should be restrained from participating in the meetings of the Panchayat. It is his case that it was the, duty of the executive authority under sub-s.(2) of S.21 to report about the fifth respondent ceasing to be a member and to give intimation to the disqualified member. As that has not been done, the Director of Panchayat was requested to issue appropriate directions.

(3.) In the meanwhile, the election of the President of the Panchayat was expected to be held on the 3rd of December, 1990. The sixth respondent being interested in contesting for the Presidency was keen on ensuring that the fifth respondent does not participate in the meeting to be convened for the purpose of electing the President, on the ground that he has ceased to be a member of the Panchayat. Without waiting for the decision of the Director of Panchayats, as the meeting was about to be held, the sixth respondent approached this court in O.P. No. 10777 of 1990 for appropriate directions. The learned single Judge has allowed the writ petition and directed the Director of Panchayats to dispose of the representation of the sixth respondent expeditiously and at any rate within a week from the date of receipt of a copy of the judgment. Pending decision of the issue regarding the status of the fifth respondent, a direction has been issued to adjourn the meeting scheduled to be held on the 3rd of December, 1990, to a date after the final decision on the representation of the sixth respondent, Ext. P4. It is the said decision that is challenged in this appeal.