IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WA.No. 2397 of 2006(E) --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.29093/2006 DATED 23/11/2006 .................... APPELLANT/ PETITIONER IN W.P.(C): ----------------------------------------------------- M.K.SIVARAJAN, FORMERLY PRESIDENT, EDAVAKKAD GRAMA PANCHAYATH, MULLUVATHUKATHARA, EDAVANAKKAD, PIN-682 502. BY ADVS. SRI.K.K.M.SHERIF, SRI.T.K.SAIDALIKUTTY, SRI.P.M.KUNJIMOIDEENKUTTY, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN. RESPONDENTS/ RESPONDENTS IN W.P.(C): --------------------------------------------------------------- 1. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE VYPEEN BLOCK PANCHAYATH SECRETARY, KUZHUPPALLY. 3. V.K.IQUBAL, MEMBER, EDAVANAKKAD PANCHAYATH, VADAKKANCHERRY HOUSE, EDAVANAKKAD. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM., R3 BY ADV. SRI.K.I.ABDUL RASHEED. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.2397 of 2006 ------------------------------------- Dated 12th January, 2009 JUDGMENT Koshy, Ag.C.J . Former President of the Edavanakkad Grama Panchayat filed the writ petition. Ext.P1 no-confidence motion was moved against him. All the 14 members of the Panchayat Committee participated in the meeting. Eight persons supported no-confidence motion and six persons opposed the same. Thereafter, the petitioner was voted out and subsequently another person was elected as the President. Major contention of the petitioner is that authorised officer of the Election Commission was the Block Panchayat Secretary, but, another person acted as the same. No-confidence motion ought to have been accepted by the authorised officer, but, in this case, it was accepted by another officer. It is contended that authorised officer as stipulated in Section 157 of the Kerala Panchayat Raj Act is a persona designata and, therefore, he cannot further authorise another person. No-confidence motion ought to have been received by the authorised officer himself. According to the petitioner, authorised officer was Block Panchayat Secretary under section 157 of the Kerala Panchayat Raj Act and finding to the W.A.2397/2006 2 contrary and receipt of notice by the Extension Officer (Housing) is illegal. Counsel for the Election Commission submits that at that time the Extension Officer (Housing ) was in charge of the Block Panchayat Secretary. Learned single Judge after calling for the register found that the above person who accepted the notice was acting as the Vypeen Block Panchayat Secretary during the relevant time. Learned Judge also noticed that eight persons favoured the no-confidence motion and on the facts of this case, no relief can be issued in a writ petition. We are also told that an election petition is pending. The election petition can be disposed of according to law untrammelled by the observations made in the writ petition. In view of the facts of this case and alos considering the facts that eight members supported no- confidence motion and another President was elected, we are of the opinion that no interference is required in the impugned judgment. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks