ANAND GRAMPANCHAYAT Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) IN this Writ Petition, a Grama Panchayat represented by its Secretary, challenges an order of the Kerala State Election Commission passed in a petition filed by the chairman of its Standing Committee for Finance, under 8. 155 (3) of the Kerala panchayat Raj Act, in respect of a dispute regarding the resignation of his position as chairman of the Standing Committee and as member of Panchayat Committee.

(2.) THE signature in the resignation letter, a copy of which is produced as Ext. P1, is not disputed by the 2nd respondent. Ext. P1 reads thus: <IMG>np_874_kerlt2_2009.jpg</IMG> The petitioner filed a petition before the Election Commission after the period of 15 days prescribed in the proviso to S. 155 (3), for raising a dispute over the resignation, was over. Therefore, originally, the Election Commission declined to entertain the dispute. But, the petitioner had earlier filed another petition before the Secretary and the Secretary had forwarded the same to the State Election Commission within the prescribed time. In W. P (C) No. 27521/2008 filed by the 2nd respondent challenging the order of the commission, this Court held that the reference made by the Secretary is a valid reference under S. 155 (3) and directed the Commission to adjudicate the same. Pursuant to that judgment, the Commission adjudicated the same as R. C. No. 3/2008.

(3.) THE dispute raised by the 2nd respondent was two fold. First was that the resignation was under threat and coercion. The second was that the resignation is not in the form prescribed under the Rules and therefore could not have been accepted by the secretary as a valid letter of resignation as contemplated by the statutory provisions relating to resignation.