P J ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) Section 157 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as "the Act") governs motion of no-confidence. Sub-section (9A) thereof reads as follows:

(2.) The question raised is as to whether the vote of a member on a no-confidence motion will be invalid solely on the ground that he wrote his name and affixed his signature on the facing side of the ballot paper and not on its reverse side contrary to Section 157(9A).

(3.) Ext. P2 minutes shows that the ballot paper has to be signed on its reverse and that otherwise the vote will be invalid, were among the instructions given by the President of the meeting to the members. Yet, petitioner, a literate, wrote down his name in Malayalam and affixed his signature on the facing page of the ballot paper. His vote has been treated as invalid.