OMANA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these writ petitions are all members of two different Grama Panchayats. They have been disqualified by the State Election Commission by Ext. P3 order in all these writ petitions. Since the question that arises for consideration is common in all these cases, they have been heard together and are disposed of by this common judgment. W.P. (C) No. 20311 of 2012 is treated as the leading case and the respondents as well as the documents produced are referred to in the manner in which they are described in the said writ petition. The question that arises for consideration is whether the petitioners are liable to be disqualified for their omission, in not having convened meetings of 'Grama Sabhas' as required by Section 35(p) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act' for short). According to the petitioners, a number of similar petitions are still pending consideration of the State Election Commission, the second respondent herein.

(2.) The petitioners were elected as members of the Grama Panchayat that was constituted on 01.11.2010. Thereafter, a meeting of the 'Grama Sabha' was convened in December, 2010. However, no meeting of the 'Grama Sabha' was conducted during the period 01.01.2011 to 31.06.2011. Thereafter, the 'Grama Sabha' was convened only during July-August, 2011.

(3.) Since Section 35(p) of the Act stipulates that an omission to conduct two consecutive meetings of the 'Grama Sabha' would disqualify a member, they have been disqualified.