MUHAMMAD ALI Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Following the coming into force of the Constitution (73rd amendment) Act 1992 which received assent of the President and was published in the Gazette of India dated 20/04/1993, whereby Part IX relating to the Panchayats, as if now stands, was inserted in the Constitution of India. Kerala Panchayat Raj Act 1994, hereinafter referred to as the "Act" was passed which provides, inter alia, in Section 38 thereof, for notification for general election to Panchayats. On 29/08/2005, the Government of Kerala, in exercise of such authority, on the recommendation by the State Election Commission, notified the election to the Panchayats.

(2.) Before that, the Electoral Roll for the constituencies in Nadapuram Grama Panchayat was published, in draft, in terms of Rule 8 of the Kerala Panchayat Raj (Registration of Electors) Rules 1994, hereinafter referred to as the "Registration Rules", on 15/06/2005 and the Electoral Roll (final) was published on 19/08/2005. It is the assertion of the State Election Commission that no complaints, whatsoever were received by the Electoral Registration Officers regarding non-inclusion of 69 permanent residents from ward No. 2 of the Nadapuram Grama Panchayat in the electoral roll and that no mass non-inclusion of names has come to the notice of the authorities after the publication of the electoral roll. All persons, who had filed statutory objections under the Registration Rules were included in the voters list after necessary enquiry. According to the Commission, no names were included in the electoral role and no names were deleted after 6/9/2005. It is so stated in Annexure A communication addressed by the Kerala Electoral Registration Officer of Nadapuram Grama Panchayat which is appended to the statement filed on behalf of the State Election Commission on 22/09/2005.

(3.) The plea of the Writ Petitioners is that the first among them is a candidate for the aforesaid election and the second one is a local resident and a voter, whose name, though included in the latest voters list for the election to the Legislative Assembly, is not included in the voters list for the election to the Panchayats.