IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 17591 of 2010(Y) ----------------------------------------- PETITIONER(S): ------------------------- C.JAYASANKAR, MEMBER (UNDER DISQUALIFICATION), WARD NO.16, NADATHARA GRAMA PANCHAYATH, THRISSUR. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, BY ADV. SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.C.A.ANOOP, SRI.T.C.SURESH MENON. RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE SECRETARY, NADATHARA GRAMA PANCHAYATH, THRISSUR. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. R2 BY ADVS.SRI.S.ANANTHAKRISHNAN, SRI.N.K.SUBRAMANIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17591/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE INTIMATION DTD. 28/04/2010. P2(A)-(D)SERIES:COPY OF THE NOTICES SERVED ON THE PETITIONER DTD. 19/12/2009, 21/1/2010, 18/2/2010 AND 24/03/2010. P3: COPY OF THE PETITION DTD. 6/05/2010. P4: COPY OF THE PETITION FOR STAY DTD. 6/05/2010. P5: COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DTD.5/06/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. -------------------------------------- W.P.(C) No.17591 OF 2010 -------------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is aggrieved by Ext.P5 order passed by the State Election Commission in I.A.No.15/2010 in O.P.No.26/2010. The petitioner is a member from Ward No.16 of the Nadathara Grama Panchayat. 2. By Ext.P1, the Secretary gave an intimation under Section 37(2) of the Kerala Panchayat Raj Act, 1994 informing the petitioner that he has incurred disqualification for continuing as a member of the Panchayat. The reason for disqualification shown therein is that the petitioner absented himself from four meetings of the Development Standing Committee of the Panchayat consecutively for a period of three months. 3. The Election Commission, after hearing the parties, rejected the prayer of the petitioner for grant of an interim order. W.P.(C) No.17591/2010 2 4. This Court, while admitting the Writ Petition, passed a detailed interim order on 7.6.2010, provisionally allowing the petitioner to participate in the meeting convened for considering the non-confidence motion against the President and Vice President of the Panchayat. 5. When the Writ Petition came up for hearing on the last occasion, the Secretary of the Panchayat was directed to make available the records showing the service of notices to the petitioner. The Secretary has filed an affidavit today, where in paragraph 2 it is averred that the notices of the meetings are being given to the members by handing over to the members the photocopy of the relevant pages of the agenda/notice book and obtaining signatures of the members in the original book. Ext.P2 series produced in the Writ Petition are the photocopies of the notices in question given to the petitioner by handing over the photocopy of the relevant pages of the agenda/notice book detailing the date of meeting and the agenda of the meeting. According to the Secretary, going by W.P.(C) No.17591/2010 3 the records, no other notices except Ext.P2 series have been given in this regard. 6. The learned Senior Counsel for the petitioner submitted that going by the provisio to Section 35(k), due notices have to be issued by the Secretary in the meetings concerned. The learned counsel for the Commission submits that, the Commission has passed the impugned order, after hearing the parties. The question therefore turns upon the validity of the notices issued by the Secretary of the Panchayat. True, the matter requires evidence and a detailed consideration by the Commission is also required while passing a final order. Prima facie, going by the averments and the affidavit of the Secretary, no separate notices have been issued and therefore, the petitioner is entitled for an interim order to continue as a member subject to the final order to be passed in the Original Petition pending before the State Election Commission. W.P.(C) No.17591/2010 4 7. Ext.P5 is therefore quashed. There will be a direction to the State Election Commission to take a final decision in O.P.No.26/2010, after hearing all the parties, expeditiously. Till orders are passed, the petitioner will be allowed to exercise his rights as a member, which will be subject to the final order to be passed by the State Election Commission. The Writ Petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ps