MARYKUTTY MATHEW Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) An employee of a cooperative society registered under the provisions of the Kerala Cooperative Societies Act, 1969 is elected as a member of the Panchayat. There is no election petition. Retaining employment he continues to hold office as a member of the Panchayat. Can the State Election Commission determine the disqualification under S.36 of the Kerala Panchayat Raj Act

(2.) Petitioners in these Original Petitions are employees of cooperative societies registered under the provisions of the Kerala Cooperative Societies Act, 1969. Retaining their employment in the respective societies they contested for election to the Grama Panchayats and they were elected. No election petition was filed on any of the grounds available under S.102 or 103 of the Kerala Panchayat Raj Act, as provided under S.87 to 89 of the Kerala Panchayat Raj Act, 1994. Instead, the contesting respondents moved the State Election Commission under S.36 of the Kerala Panchayat Raj Act. The Commission entertained the petitions and in one case the issue was adjudicated. The Commission took the view that the member who is an employee of a cooperative society at the time of election is disqualified for holding the office of member of the Grama Panchayat and in the rest of the cases, the Commission is yet to pass orders. This, in nut shell, is the factual background of the cases.

(3.) Though the petitioners have taken various grounds and have made consequential prayers including the challenge on the validity of the statutory provision. Sri. K. Ramakumar, learned counsel leading the arguments submits that the essential question as to the jurisdiction of the State Election Commission is the issue to be first decided and the rest of the challenges need be gone into only if the Commission is found to have exercised jurisdiction not vested in it.