IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21954 of 2008(L) -------------------------- PETITIONER: -------------- N.R.BABURAJ, NEDIYAPARAMBIL HOUSE PERUMBALAM PO., CHERTHALA,ALAPPUZHA. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENTS: ----------------- 1. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, REP. BY STATE ELECTION COMMISSIONER. 2. THE RETURNING OFFICER/DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA. BY GOVEERNMENT PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 21954 of 2008 -------------------------------------------------------- Dated: JULY 22, 2008 JUDGMENT Heard the learned counsel for the petitioner and the learned standing counsel for the 1st respondent. 2. The challenge in this writ petition is against Ext.P3, an order disqualifying the petitioner under sec.33 of the Kerala Panchayat Raj Act, 1994. The disqualification is on the ground that the petitioner did not submit accounts of the expenditure incurred by him in the manner prescribed in connection with the election he had conducted in September 2005. Petitioner submits that, in fact, he had submitted the accounts and that he did not have any notice of the proceedings resulting in Ext.P3. 3. The learned standing counsel for the 1st respondent points out that the petitioner is the only elected member of a local body who has been disqualified on this ground and that considering the peculiar facts, the Election Commission WP(C) 21954/08 2 has taken cognizance of Ext.P5 application filed by the petitioner for a reconsideration of the matter. 4. It is submitted by the learned counsel for the petitioner that Ext.P3 has not been notified as yet, in which event alone, the disqualification will be effective. He therefore seeks an order staying notification of Ext.P3 order. Now that the 1st respondent itself is reconsidering the matter as stated above, I direct that if Ext.P3 has not been notified as on date, the disqualification pursuant to Ext.P3 in so far as the petitioner is concerned, will stand stayed until orders are passed on Ext.P5. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-