VARGHESE YOHANNAN Vs. KERELA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioners challenge Ext. P7 orders passed by the 1st respondent, the Kerala State Election Commission, disqualifying them under section 36 read with section 35(p) of the Kerala Panchayat Raj Act. The impugned orders were rendered on the basis that the petitioners, being conveners, had failed to convene the meetings of the Grama Sabha, as required of them under Section 3(3) of the Kerala Panchayat Raj Act.

(2.) The facts of the case are that, the petitioners are members elected from Ward Nos 5 and 6 of Akalakunnam Grana Panchayat and were sworn in on 3-10-2005. The President was elected on 6-10-2005 and the first meeting of the Panchayat was held on 14-10-2005.

(3.) In so far as the issue raised in these writ petitions is concerned, it needs to be noticed that the first meeting of the Grama Sabha in so far as Ward No. 5 was held on 28-1-2006 and the second meeting was held on 27-8-2006. In so far as Ward No. 6 is concerned, the first meeting was held on 13-1-2006 and the second one, on 26-6-2006. The 2nd respondent in WP(C) 37935 of 2007 filed a petition before the 1st respondent, alleging that the Panchayat was constituted on 2-10-2005, and that the 1st and IInd Grama Sabhas were convened by the petitioner only on 28-1-2006 and 28-7-2006. In so far as WP(C) 37968 of 2007 is concerned, it was alleged that the 1st and IInd Grama Sabhas were convened by the petitioner only on 30-1-2006 and 19-8-2006. On this basis it was alleged that there was two consecutive failure on the part of the petitioners to convene Grama Sabha and that by their failure, the petitioners herein have rendered themselves liable to be disqualified in terms of section 35(p) of the Act. It was accepting this contention that Ext. P7 orders have been passed disqualifying the petitioners.