KERALA STATE ELECTION COMMISSION Vs. MERCY GEORGE

JUDGEMENT

(1.) THESE Review Petitions have been filed by the Kerala State Election Commission, seeking review of the common judgment in W. P. (C) Nos. 37935 and 37968/07 in the case of Varghese Yohannan v. Kerala State Election Commission (2008 (3) KLT 468 ). Writ petitions were disposed of setting aside the orders passed by the review petitioner disqualifying the 1st respondent in these review petitions, who are the elected members of the Akalakunnam Grama Panchayat.

(2.) RELYING entirely on the English translated version of section 3 (3) of the Kerala Panchayat Raj Act, it was held that with the amendment by Act 31/05, the members of the Panchayat, did not have any obligation to convene meeting of the Grama Sabha at least once in three months. On this basis, it has further held that a member cannot be disqualified under Section 35 (p) of the Act, on the allegation that he failed consecutively twice to convene meetings of the Grama Sabha, due once in 3 months.

(3.) IT is pointed out that Section 3 (3) of the Act as it originally stood was amended by Act 13 of 1999, providing that the Grama Sabha shall meet at least once in 3 months. By the said Act, section 35 (p), providing for disqualification of a member if he fails twice consecutively to convene the meetings of the Grama Sabha, due once in 3 months was also incorporated. Subsequently, Section 3 (3) was amended by Act 31/05 with effect from 24/8/2005. The Amendment Act which was passed in Malayalam received the assent of the Governor on 23/8/2005 and was published in Malayalam, in the Gazette of Kerala on 24/8/2005.