SIBY JOSEPH Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) In respect of a charge under S.379 read with S.34 of the Indian Penal Code, the petitioner had been subjected to prosecution. On conviction, the Judicial First Class Magistrate, Idukki had sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5,000/-. Against the conviction and sentence, the petitioner had filed an appeal as Criminal Appeal No.65 of 2004 before the Sessions Court, Thodupuzha. The Sessions Judge has suspended the sentence in Criminal M.P. No. 872 of 2004.

(2.) The petitioner was holding the position of an elected member of Ward No. 3 of Vathikudi Grama Panchayat in Idukki District. The second and third respondents herein, who were respectively a voter and a Panchayat member, had submitted a petition before the State Election Commissioner, Thiruvananthapuram pointing out that in view of the above development, the Panchayat member is liable to be disqualified. This was by way of an application under S.34 to 36 of the Kerala Panchayat Raj Act. The State Election Commission had ascertained the views of the member, and after a protected trial, by order dated 25.6.2004, a copy of which is marked as Ext. P3, held that he is disqualified to continue as member of the Vathikkudi Grama Panchayat from 3rd March, 2004 onwards. This has been subjected to attack by the petitioner.

(3.) In fact, the issue was about the impact that might have been there because of the orders of the Sessions Court. In Para.3 of the counter statement filed by the petitioner before the State Election Commissioner, it is stated as following: