IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 19550 of 2008(B) ----------------------------------------- PETITIONER: ----------------------- V.ABDULLAKUTTY, S/O MUHAMMED, AGED 31 YEARS, VARAMANGALATH HOUSE, KONDURKKARA P.O., KALLADIPATTA VIA, PATTAMBI. BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY RESPONDENTS: ------------------------- 1. ONGALLUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KALLADIPATTA POST, PALAKKAD DISTRICT,PIN 679 313. 2. THE PRESIDENT, ONGALLUR GRAMA PANCHAYAT, KALLADIPATTA POST, PALAKKAD DISTRICT,PIN 679 313 3. P.A. MOHAMMED @ KUNJIMON, S/O ABOOBACKER,PADINJAKKARA HOUSE, KONDURKKARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) - R1 & 2 SRI.T.RAMPRASAD UNNI - R1 & 2 SRI.MANU TOM - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19550/2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF NOTICE DTD. 04/06/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF MINUTES OF THE MEETING DTD. 11/06/2008 CONDUCTED IN THE 1ST RESPONDENT PANCHAYAT OFFICE. EXT.P3: COPY OF NEWSPAPER REPORT IN MALAYALA MANORAMA DAILY DTD 17/06/2008. EXT.P4: COPY OF NOTICE DTD. 23/06/2008 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF ORDER DTD. 8/04/2000 ISSUED BY THE KERALA STATE ELECTION COMMISSION. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 19550 OF 2008 B = = = = = = = = = = = = = = = = = Dated this the 17th day of July 2008 J U D G M E N T Ext. P4 is under challenge. Ext. P4 is a notice issued by the Secretary of the Panchayat convening a meeting for consideration of a motion for disqualifying the petitioner. Though several contentions are raised, it is the admitted position that in view of the order dated 8.4.2005 issued by the State Election Commission, only the Secretary of the Block Panchayat can accept and issue notice in the nature of Ext. P4. In view of that reason, Ext. P4 issued by the Secretary of the respondent Grama Panchayat has to be held as one without jurisdiction. Accordingly, Ext. P4 will stand quashed on that ground and the writ petition is disposed of accordingly. 2. It is made clear that the contentions of both parties are left open and this judgment will not stand in the way of the 3rd respondent or anybody else exercising their rights under the Kerala Panchayat Raj Act and the Rules for moving a no confidence motion afresh. ANTONY DOMINIC JUDGE jan/-