IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23336 of 2009(J) -------------------------- PETITIONER(S): --------------- D.VARGHESE, AGED 60, S/O.CHERIAN DANIEL, VARAMPEL JOE BHAVAN, VENMONY P.O., CHENGANNUR. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, VENMONY GRAMA PANCHAYATH, VENMONY. 3. THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. VENMONY SUDHAKARAN, PRESIDENT, VENMONY GRAMA PANCHAYATH, NOW RESIDING AT KOZHASSERIL, VENMONY P.O. 5. GOPALAN, VICE PRESIDENT, VENMONY GRAMA PANCHAYATH, RESIDING AT SAJEER BHAVAN, PUNTHALA P.O., VENMONY. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R,3 SRI.K.B.PRADEEP FOR R5 SRI.RASHEED C. NOORANAD FOR R2 GOVERNMENT PLEADER SMT.DEEPA K.R. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. `````````````````````````````````````````````````````` W.P.(C) No. 23336 OF 2009 J `````````````````````````````````````````````````````` Dated this the 19th day of August, 2009. J U D G M E N T The petitioner was elected as a member of a Grama Panchayat in a bye-election. He has to be sworn. The President is the authority to administer the oath. The President is now outside India. After the institution of the writ petition, the Panchayat has received a communication from him intimating his absence from India. This obviously incapacitates him, in the practical sense, to be present to administer the oath of the petitioner. The law provides cessation of office, if the petitioner does not take oath within the prescribed time limit. By the force of section 156(3), when the President is incapacitated, by reasons of absence or otherwise, from carrying out his duties and responsibilities, the Vice President can exercise such authority. The authority to administer the oath to a member has not been excluded from the approval of that power by any subsidiary prescription though there is authority in the statute to make such a prescription. Therefore, as it now stands, the petitioner can be WPC.23336/09 : 2 : administered oath of office by the Vice President. For this purpose, the Vice President has issued notice convening the meeting to tomorrow. This is recorded. The same being in accordance with law, no further directions are called for. Writ petition is closed. The petitioner may take oath before the Vice President in terms of law. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks // True Copy // P.A. to Judge