IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 14226 of 2009(W) -------------------------- PETITIONER(S): --------------- P.UBAID, PACHEERI VEEDU, CHANGALERI P.O., MANNARKKAD, PALAKKAD. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. KUMARAMPUTHOOR GRAMA PANCHAYATH, PALAKKAD, REP. BY ITS SECRETARY. 3. MOIDUPPA.C., CHUNKAATHU HOUSE, MANNARKKADU COLLEGE P.O., PALAKKAD - 678 583. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC R2 BY SRI.S.VINODKUMAR R3 BY SRI.P.K.IBRAHIM SRI.D.B.BINU SRI.C.N.GOPAKUMAR SMT.ANI JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.14226/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PETITION DT.23.7.2007 IN O.P.NO.60/07 BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER BEFORE THE 1ST RESPODET DT.6.2.2008. EXT.PE: TRUE COPY OF ORDER DATED 7.2.2009 INO.P.NO.60/07 OF 1ST RESPONDENT. RESPONDENT'S EXHIBITS: ANNEXURE A: THE PHOTOCOPY OF THE ERRATUM NO.23879/LEG.C1/2008/LAW DATED 2.2.09 PUBLISHED BY THE GOVERNMENT OF KERALA IN THE KERALA GAZETTE EXTRA ORDINARY NO.264 DATED 2.2.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14226 OF 2009 ------------------------------------------- Dated this the 28th day of August, 2009 JUDGMENT This writ petition by the president of a Grama Panchayat challenges the decision passed by the State Election Commission disqualifying him on a ground referable to Section 35(p) of the Kerala Panchayat Raj Act. By the decision rendered by this Court in Mercy George v. Kerala State Election Commission [2009(3) KLT 405] and affirmed by the Division Bench in W.A.Nos.1794/09, the petitioner is entitled to succeed. Following the aforesaid judgments, this writ petition is allowed quashing the impugned Ext.P3 order. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.28/8.