IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 26830 of 2010(C) -------------------------- PETITIONER(S): --------------- O.D.THOMAS, S/O.DEVASSYA, OTTAPILAKKAL HOUSE, KOORACHUNDU P.O. KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. THOMAS, S/O.THOMAS, CHINTHAMANIYIL HOUSE, KOORACHUND P.O., KOZHIKODE DISTRICT. PIN-673 635 2. THE STATE ELECTION COMMISSIONER, KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-1 3. THE PRESIDENT, KOORACHUND GRAMA PANCHAYATH, KOORACHUND P.O., KOZHIKODE DISTRICT. PIN-673 635 4. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM-35 5. THE KOORACHUNDU GRAMA PANCHAYATH, KOORACHUNDU P.O., KOZHIKODE DISTRICT. REPRESENTED BY ITS SECRETARY. PIN-673 635 ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.26830/10 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DT 21-10-04 OF KSE COMMISSION P2 COPY OF THE JUDGMENT DT 8-9-05 IN WPC.32150/04 P3 COPY OF THE ORDER PASSED BY R4 P4 COPY OF THE LETTER DT 19-5-10. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 26830 of 2010 C ``````````````````````````````````````````````````````` Dated this the 27th day of September, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P4, whereby petitioner was informed that in view of the disqualification under Section 35 of the Kerala Panchayat Raj Act, 1994, suffered by the petitioner, he was disqualified from contesting election to the local bodies. 2. It is now informed that in the judgment dated 14- 09-2010 in W.P.(C) No.26965/2010, a Division Bench of this Court has clarified that the disqualification under Section 35 of the Act is for the term of the Panchayat and that a person like the petitioner is eligible to contest in the subsequent elections. In that view of the matter, quashing Ext.P4 and clarifying that the petitioner will be eligible to contest in the forthcoming election to the Panchayat, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks