NATTAKAM SURESH Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) While the President of a Grama Panchayat, the petitioner was ousted from ttiat office by the carrying of a motion of no-confidence. He, thereupon, filed two petitions under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (for short, the 'Anti Defection Act') before the Kerala State Election Commission seeking declaration that the two members, who moved and seconded the no-confidence motion against him, had given up their membership of the political party to which they belong and had accordingly defected. He also filed two interlocutory applications before the Commission seeking to interdict those persons from taking part in the meetings of tie Panchayat, voting or contesting to any official post in ttiat Panchayat.

(2.) On the allegation that re-election to the post of President is likely to be held; the petitioner seeks a direction to the Commission to issue interlocutory order restraining the participation of the aforesaid two persons in the meetings of the Panchayat, also from contesting to any post and also seeks a direction to the Commission to dispose of the petitions filed by him.

(3.) On hearing the learned senior counsel for the petitioner and the learned standing counsel for the Commission, the positions of law that emerge, show that re-election to a casual vacancy can, in no manner, be delayed. The term of office of the President of a Panchayat is co-extensive with the duration of that Panchayat as per Section 153(17) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the "PR Act"). The scheme of Section 153 of the PR Act read with the provisions of the Kerala Panchayat Raj (Election of President and Vice President) Rules, 1995 (hereinafter referred to as the "Election Rules") shows that there cannot be any delay in the matter of filling up of the casual vacancy arising in the office of the President. Section 154(16) of the PR Act provides that any casual vacancy arising in the office of the President or the Vice President shall be reported to the Commission, which shall, thereupon, take steps for the conduct of the election of the President or Vice President, as the case may be. In the case of a casual vacancy, the second limb of Rule 5(2) of the Election Rules obliges the Commission to fix the date of the meeting for the re-election "as soon as after the occurrence of the vacancy". The requirement to fill the post of the President of a Panchayat as soon as after the occurrence of the vacancy, in the event of a casual vacancy arising, can be easily conceived. The large amount of duties and responsibilities enumerated in Section 156 of the PR Act, as functions of the President, are more than sufficient legislative material to state that the casual vacancy of a President of a Panchayat cannot be left unfilled except at the peril of the citizenry, particularly because the LSGIs are the institutions at grass root level of local self governance in terms of the provisions of the Constitution of India. So much so, it is inadmissible to delay the election to the casual vacancy of the President.