UNNI K G Vs. N ABDUL RASHEED

JUDGEMENT

(1.) The petitioner and first respondent are members of a Grama Panchayat. The first respondent filed a petition before the Kerala State Election Commission for decision on the question whether the petitioner has become disqualified under S.35(o) of the Kerala Panchayat Raj Act, 1994, for short, the 'Act'. The allegation against the petitioner is that on 4th July, 2006, he caused damage to the glass top of a table, a flower vase, a steel chair, door and the telephone belonging to the panchayat. He is attributed with behaviour, unbecoming of a member of the Panchayat and of indecent behaviour to the Panchayat President, trying to assault her and by shouting obscene and abusive language at her.

(2.) The petitioner filed objections denying the overt acts attributed to him and stating that the allegations are false and made with sinister motive, owing to political vendetta. In so far as the assertion of the first respondent that police had registered a crime against the petitioner, under S.3(2) of the Prevention of Destruction of Public Property Act and under S.354 IPC is concerned, the petitioner pleaded in his objections that it is a false case and, though registered, there is every chance of his acquittal.

(3.) The petitioner sought an order on the question of maintainability of the petition. The matter was argued on that issue. The Commission held that there is prima facie case against the writ petitioner, of his having caused loss to the panchayat property and if so found at trial, that could amount to a disqualification under S.35(o). The petition before the Commission was thus held to be maintainable. That is under challenge.