SULFIKAR Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner challenges the order passed by the 1st respondent Kerala State Election Commission that dismissed O.P.No.15/2022 filed by him under Sec. 36(1) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act') challenging his disqualification imposed under Sec. 35(1) and also against the refusal to restore his membership under Sec. 37(1) of the Act.

(2.) The petitioner is an elected member of Ward No.XII of the 2nd respondent Grama Panchayat. He could not attend the meetings of the Panchayat from 1/1/2022. He states that he had filed a leave application, as per a letter dtd. 4/2/2022,requesting three months' leave from that date on medical grounds. Ext.P1 is the letter sent through registered post with acknowledgment due. The petitioner submits that though the Panchayat had received the same on 7/12/2022, no reply was given to him. He was involved in Crime No.897/2021 of Alappuzha South police station and Crime Nos.1379/2021 and 20/2022 of Punnapra police station and was arrested on 2/3/2022. While undergoing judicial custody, he moved CMP No.862/2022 before the Judicial First Class Magistrate's Court-I, Alappuzha for allowing parole to him to attend the meeting scheduled on 7/4/2022, which was however, rejected by Ext.P3 order. In the meantime, Ext.P1 leave application was considered by the Panchayat committee, after it was adjourned twice in the meeting held on 7/3/2022, and decided to reject the said application. The petitioner submits that though his leave application was rejected, no communication was issued to him and he came to know about the same only when he received a notice under Sec. 37(2) of the Act informing him that he has been disqualified as a member of the Panchayat and asking him to file objections, if any.

(3.) The petitioner had also submitted a request to the 3rd respondent to invoke Sec. 37(2) of the Act for restoring his membership which was cancelled as per Sec. 35(1)(k) of the Act. The said application is marked as Ext.P6. As per the resolution dtd. 30/5/2022, the 2nd respondent decided not to restore the membership of the Panchayat and the said fact was intimated to the petitioner by way of a letter, without serving the copy of the resolution dtd. 7/6/2022, marked as Ext.P9. The petitioner submits that he was granted bail and released on 10/6/2022 and after obtaining bail, filed an application on 13/6/2022 to get a copy of the resolution dtd. 30/5/2022 rejecting his application for restoration of membership. Ext P10 is a copy of the resolution. The petitioner had filed O.P.No.15/2022 before the 1st respondent challenging Exts.P4, P8 and P10. When no orders were passed on the interim application for stay, the petitioner filed W.P(C) No.30435/2022 before this Court which directed the interim application to be considered on 11/10/2022, pursuant to the same, the 1st respondent passed orders dtd. 11/10/2022 in I.A.No. 55/2022. in O.P. No.15/2022 allowing the petitioner to continue as a member of the 1 st respondent Panchayat till a decision is taken by it. Later, the matter was heard and by Ext.P14 order dtd. 16/4/2024, the 1 st respondent rejected the original petition, which is impugned in this writ petition.