KARTHIKEYAN P T Vs. KERALA STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) The challenge in this writ petition is against Ext.P6, an order passed by the 1st respondent rejecting Ext.Pl application made by the petitioner praying for disqualifying the 3rd respondent, an elected member from Ward No. 9 of Chottanikkara Grama Panchayat.

(2.) Admittedly the 3rd respondent was elected in the election held in 2005 and by then he had incurred the liability under the aforesaid award. Thereafter, he had filed a statement of his assets and liabilities as required under Section 159 of the Panchayat Raj Act. Petitioner contends that due to his omission to indicate the liability arising out of the award as confirmed by this Court in Ext.P2, the statement filed by him is a false one and therefore under Section 159(3) and (4) read with Section 35(q) of the Act, he is liable to be disqualified from continuing as a member of the Panchayat. The plea raised by the petitioner was contested by the 3rd respondent and finally the 1st respondent passed Ext.P6 rejecting Ext.P1 and it is this order which is under challenge in this writ petition.

(3.) Learned Counsel for the petitioner submits that in terms of Section 159(3), if a member of the Panchayat makes a statement under Sub-section (1) of Section 159, which is false and which he knows and believes to be false, is liable to be proceeded against in accordance with law for filing such a false statement. It is also his contention that in the event such a false statement is filed, a member of a Panchayat is liable to be disqualified from continuing as a member under Section 35(q) of the Act.