MERCY GEORGE Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Elected to the Akalakunnam Grama Panchayat to be its member from Ward No, 5, the petitioner became the convener of the Grama Sabha of that constituency in terms of Section 3(4) of the Kerala Panchayat Raj Act 1994, for short, the "Act". The first meeting of that Grama Sabha was held on 28.1.2006. The second meeting scheduled to be held on 20.8.2006 was adjourned for want of quorum and was held on 27.8.2006.

(2.) The 2nd respondent filed a petition before the Kerala State Election Commission alleging that though the Panchayat was constituted on 2.10.2005, the first and second meetings of the Grama Sabha for Ward No. 5 were convened by the petitioner only on 28.1.2006 and 2 8.7.2 006 respectively and hence, having foiled, twice consecutively, to convene meetings of the Grama Sabha.. due once in three months., she has incurred the disqualification in terms of Section 35(p) of the Act.

(3.) The writ petitioner denied the allegations against her and contended that she was not able to convene the Grama Sabha in time as the President of the Panchayat had not fixed and communicated to her the date and time for convening the meeting. She pleaded that as per Rule 4 of the Kerala Panchayat Raj (Procedure for Convening and Conducting the Meeting of Grama Sabha) Rules, 1995, for short,, the "Meeting Rules", the President of the Panchayat shall, after consultation with the Grama Sabha Convener, fix the date, time and venue of the Grama Sabha and that it is up to the Secretary of the Panchayat to make arrangements to conduct the Grama Sabha after due publicity. She also contended that she had made all arrangements to convene the Grama Sabha and that the first meeting of the Panchayat was held on 14.10.2005, after the election of the President of the Panchayat on 2.10.2005. It is also pleaded that the Panchayat Committee was convened on 12.1.2006 to fix various dates for Grama Sabha meetings and the meeting of the Grama Sabha., of which the petitioner is the Convener, was fixed to be held on 28,1,2006, According to her, after that meeting on 28.1.2006, another meeting of the Grama Sabha was scheduled on 20.8.2006 and that was adjourned for want of quorum and was held on 27.8.2006. She also pleaded that the President of the Panchayat was. able to schedule the second meeting of the Grama Sabha only on 20,8.2006 due to the General Elections fixed on 13,5.2006, She contended that there was no failure or lapse in convening the meeting within the stipulated time.