P BHARATHAN Vs. STATE ELECTION COMMISSION, KERALA

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of Ext.P10 order passed by the State Election Commission on the resignation tendered by the petitioner in W.P.(C) No.29145 of 2018, invoking the powers conferred under Sec.155 of the Kerala Panchayat Raj Act, 1994 (for brevity, 'the Act, 1994'), read along with the provisions of the Kerala Panchayat Raj (Resignation of President, Vice President or Members) Rules, 2000 (for brevity, 'the Rules, 2000'), holding that the said petitioner has resigned, not only from the post of President of the Grama Panchayat but also the membership. It is thus challenging Ext.P10 order passed by the State Election Commission, the said writ petition is filed. Since the fate of the other writ petitions will be guided by the decision in W.P. (C) No.29145 of 2018, the pleadings and the documents in the said writ petition are relied upon. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was elected as a member of the 3rd respondent Grama Panchayat and later elected as the President of the Panchayat. According to the petitioner, he had resigned from the post of President due to personal reasons, on 04.07.2018. The Secretary of the 3rd respondent Panchayat thereupon, issued Ext.P1 acknowledgement as provided under law, and forwarded the factum of resignation from the post of President, as per Ext.P2, to the State Election Commission. The Secretary of the Panchayat has also convened an urgent meeting of the Panchayat Committee to report the resignation of the petitioner from the post of President. The meeting was held on 06.07.2018, recording the factum of the resignation from the post of President. It is thereafter on 11.07.2018, a clarification was sought by the Secretary on the basis of the telephonic instruction from the office of the 1st respondent. It was replied on 12.07.2018, as per Ext.P5. It is thereafter news has spread that the petitioner had resigned not only from the post of the President but also the membership in the Panchayat Committee, which, according to the petitioner, is not correct.

(3.) Petitioner thereafter appeared before the Election Commission and gave a statement on 16.07.2018. On the very same day, the 2nd respondent who is a member of the Muttil Grama Panchayat has also given a complaint. According to the petitioner, based on the said complaint, 1st respondent issued an order declaring that the petitioner had resigned from the post of Panchayat member as well, which, according to the petitioner, has no legal basis.