UMMA SALMA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who is an elected member of Block Panchayat, Mannarkkad, is before this Court seeking to declare that Exts.P14 and P15 are invalid and illegal and to direct the 1st respondent to consider and pass orders on Ext.P16 petition in accordance with law and till then the proceedings pursuant to Exts.P14 and P15 may be kept in abeyance.

(2.) The petitioner states that she was elected as member of the Block Panchayat and was thereafter elected as President of the Block Panchayat in Mannarkkad. Respondents 5 to 15 issued notice for moving No Confidence Motion against the petitioner on 5/11/2021. On 20/11/2021, the 2nd respondent intimated to the 1st respondent that the meeting of No Confidence Motion could not take place due to want of quorum.

(3.) On 23/5/2022, respondents 5 to 15 gave a notice of intention to move No Confidence Motion against the petitioner. The petitioner would submit that the notice is not in the prescribed format as provided under Sec. 157(3) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act, 1994') and Rule 15 of the Kerala Panchayat Raj (Procedure for Meetings) Rules, 1995 (hereinafter referred to as 'the Rules, 1995'). The said notice was declared invalid and illegal in the judgment of this Court in W.P.(C) No.17605 of 2022.