S SURESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition relates to the election of the Standing Committees of the Poovachal Grama Panchayat. Being a Village Panchayat, it should have three Standing Committees, one for Finance, another for Development and yet another for Welfare.

(2.) The elected members of the Panchayat, collectively called "Panchayat Committee", met on 29/10/2005, on a previous notified agenda, for the election of the aforesaid three Standing Committees provided by Section 162 of the Kerala Panchavat Raj Act, 1994, hereinafter referred to as the 'Act', since Rule 5 of the Kerala Panchayat Raj (Standing Committee) Rules, 2000, hereinafter 'SC Rules', for short, provides that such election shall be held in a meeting of the elected members of the Panchayat, convened by the President, for such purpose. Rule 5 of the SC Rules further enjoins that the election shall be in the serial order of the Standing Committees as given in Sub-section (1) of Section 162, that is, in the order that I have referred to above.

(3.) On 29/10/2005, after the election to the Standing Committee for Finance was completed without any contest, the election to the Standing Committee for Development was held by secret ballot, since there was contest. Before leaving for lunch, the President declared the results of the election to the Standing Committee for Development. I am not immediately referring to the controversies touching the said election to the Standing Committee for Development, particularly as to whether the election ought to have been by a single transferable vote or otherwise.