IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 27585 of 2008(H) -------------------------- PETITIONER(S): --------------- CICILY THRESSIA, D/O.THRESSIA, SHOBANA NIVAS, PUTHIYATHURA, PUTHIYATHURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE KARUMKULAM GRAMA PANCHAYATH, PUTHIYATHURA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KARUMKULAM GRAMA PANCHAYATH, PUTHIYATHURA P.O., THIRUVANANTHAPURAM. 3. THE BLOCK DEVELOPMENT OFFICER (RETURNING OFFICER), ATHIYANNOOR BLOCK PANCHAYAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. ADDL. R3 AND R4 ARE IMPLEADED AS PER ORDER DT. 24-9-2008 IN I.A.NO. 12131/2008. ADV. SRI.SANTHEEP ANKARATH FOR R1-2 SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, ALONG WITH WPC NO. 27672 OF 2008 WPC NO. 27675 OF 2008 AND WPC NO. 32343 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 27585/2008 ------------------------------------------------------------------ EXT.P1 COPY OF NOTICE DT. 5-9-2008. EXT.P2 NOTICE DT. 30-8-2008. EXT.P3 COPY OF RELEVANT PAGES OF BOOK AT THE PANCHAYAT. RESPONDENTS' EXHIBITS: ------------------------------------ EXT.R1(a) COPY OF CERTIFICATE DT. 30-8-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-==-=-=-=-=-=-= W. P (C) Nos. 27585, 27672, 27675 & 32343 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this, the 12th November, 2008. J U D G M E N T W. P (C) Nos. 27585, 27672 and 27675 of 2008 are filed by three Members of the 1st respondent-Panchayat challenging their disqualification from membership of the Panchayat on the ground of absence for three consecutive meetings. W.P(C) No. 32343/2008 is filed by the petitioner in W.P(C) No. 27675/2008 challenging an interim order of the Election Commission in a petition pending before it challenging his disqualification, whereby the petitioner's interim application for direction to permit him to continue as a Member of the Panchayat pending disposal of the petition has been rejected. 2. As far as the writ petitions against the disqualification are concerned, I am not inclined to consider the merits of the contentions of the parties, since the Election Commission is seized of the matter. The learned standing counsel for the Election Commission submits that the proceedings would be completed within two months. This is recorded. Needless to say, the finalisation of the proceedings for no confidence motion on 19-9-2008 which is stated to be kept in a sealed cover shall be in accordance with the final orders to be passed by the Election Commission, subject, of course, to the right of the petitioners to challenge that order appropriately, if the same is adverse to them and if they so wish. 3. As far as W.P(C) No. 32343/2008 is concerned, in so far as it is only an interim order and I do not think that the Election W.P.C. No. 27585/2008 etc. -: 2 :- Commission has exercised its jurisdiction wrongly, I am not inclined to entertain the challenge against the interim order. However, I hasten to add that I have not expressed any opinion on the merits of the contentions of the parties, which have to be considered by the Election Commission independently while disposing of the main petition. The writ petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/