INDUCHUDAN Vs. M S JOSEPH

JUDGEMENT

(1.) THE petitioner is a resident of Cheruthuruthy Panchayat and had been a working journalist being the Editor of a Daily for a considerable length of time. THE Original Petition has been filed by him seeking for a writ of quo warranto calling upon the first respondent to show under what authority of law he is holding the post of Kerala State Election commission. THEre is also prayer for issuing a writ of mandamus irecting the Government of Kerala to request the Governor to remove the first respondent from office for his serious lapse and his anti-national and anti-constitution conducts and for recovery of amounts spent unnecessarily for holding bye-elections and towards election expenses because of his lapses.

(2.) IT is stated that a person, who does not satisfy the conditions stipulated by S. 29 of the Kerala Panchayat Raj Act, will not be qualified for being elected as a Member of the Panchayat. By that 13/1999, the first schedule was amended. The aforesaid amendment was brought into force with effect from 24. 3. 1999. There was substantial change brought about by such amendment. Likewise, in the Kerala Municipality Act also, the second schedule had been amended, by Act 13/1999, by incorporating specific allegiance to the sovereignty and integrity of India. IT was brought into force by Act 14/1999 with effect from 24. 3. 1999.

(3.) IT is submitted by the Election Commission that even if there is an oversight in the office of the Election Commission, that cannot be attributed as an inefficiency and circumstances for holding that he is unfit to hold the post of State Election Commission.