GIJI MATHEW Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner is the President of a Village Panchayat. The second respondent was elected as a member of the said Panchayat from ward No. 5. She was subsequently elected as a member of the Standing Committee for Finance constituted under Section 162(1)(a) of the Kerala Panchayat Raj Act, 1994, hereinafter referred to as the "Act".

(2.) On an allegation that she has incurred the disqualification under Section 35(k) of the Act on account of her alleged absence in three consecutive meetings of the Standing Committee for Finance, the Secretary of the Village Panchayat issued a communication to the second respondent under Section 37(2) of the Act regarding the cessation of membership attributed to her and reported the matter to the Panchayat Committee in its next meeting.

(3.) The second respondent, faced with the aforesaid situation, filed O.P.No. 4/ 2006 before the State Election Commission under Section 36(1) for a decision as to whether she is disqualified.