MANI Vs. ANAND GRAM PANCHAYAT

JUDGEMENT

(1.) The petitioner, who is a member of the Anad Grama Panchayat, is aggrieved by Ext. P10 order of the Kerala State Election Commission, whereby the dispute raised by the petitioner in respect of acceptance of resignation submitted by the petitioner has been rejected on the ground that the same was filed after 15 days from the date of taking effect of the resignation, which is the period of limitation prescribed by the proviso to S.155(3) of the Kerala Panchayat Raj Act. The short facts necessary for disposal of the writ petition are as follows:

(2.) The petitioner was the Chairman of the Finance Standing Committee of the Panchayat. By Ext. P1, he submitted a resignation letter resigning as the Chairman of the Standing committee as well as membership of the Panchayat Committee. The same was accepted by the Secretary on 11/08/2008. Thereafter, the petitioner submitted Ext. P5 letter dated 25/08/2008 which was received by the Secretary on 26/08/2008, alleging that the resignation was obtained by threat and coercion by a group of people. Thereafter, the petitioner filed Ext. P6 petition dated 08/09/2008 before the State Election Commission in respect of the said dispute. Since the Election Commission did not consider the same, the petitioner filed WP (C) No. 27521/2008, in which this Court passed Ext. P9 judgment directing the Election Commission to dispose of Ext. P6 petition submitted by the petitioner. Pursuant thereto, the Commission passed Ext. P10 order rejecting the application as barred by limitation, the same having been filed beyond 15 days from the date on which the resignation took effect. The petitioner is challenging that order.

(3.) The contention of the petitioner is that within 15 days from 11/08/2008, the petitioner had raised a dispute regarding the resignation, by filing Ext. P5 before the 1st respondent, requesting him to refer the dispute to the State Election Commission, which would satisfy the requirement of S.155(3) of the Kerala Panchayat Raj Act, which relates to reference of disputes regarding resignation, to the Election Commission. That being so, according to the petitioner, there was a valid dispute raised within 15 days before the Commission, as required under S.155(3) of the Act, which is not barred by limitation and therefore the Commission is bound to consider that reference and pass orders on the same on merits.