K K VISWANATHAN MASTER Vs. LALITHA RAJAGOPAL

JUDGEMENT

(1.) These Original Petitions relate to election to the two vacancies that arose in the Standing Committee of the Poothadi Grama Panchayath. There were five members in the Standing Committee out of which two members submitted their resignations on 9.11.1997 and 10.11.1997. In order to fill up the vacancy, the President issued a notice on 11.11.1997 for convening a meeting to hold the election to the post of two vacancies on 20.11.1997. There are 13 members in the Panchayath. All of them were present on the election day, viz. on 20.11.1997. In that meeting the 1st petitioner, Mr. K. K. Viswanathan Master and 4th respondent, Smt. Jancy Devassia in OP 21043 of 1997 were proposed and seconded There were no other names suggested or nominated. Instead of declaring the two persons as elected as per R.6(1) of the Rules relating to Election of Members of the Standing Committee and Chairman, the President, who was functioning as Returning Officer dispersed the meeting without declaring the election, on the ground that some of the members have raised objection to the effect that the election to the posts fell vacant on different dates, and therefore, the election cannot be conducted on the same day. The objections of the petitioners were recorded in the minutes. Under the circumstances the above Original Petition is filed seeking for a direction to declare them elected or in the alternative to hold the re-election on the same day for the vacancies.

(2.) Petitioners have prayed for quashing of subsequent notices called for at one hour intervals on the ground that the election has to be conducted at the same time.

(3.) Counter affidavits have been filed by all the respondents. I heard the counsel and me respondents. Two important questions that arise for consideration in these Original Petitions are: (i) Whether the election to the Standing Committee should be through proportional representation by a single transferable vote or it should be by simple majority; and (ii) whether there was any nomination for the election on 20.11.1997.