IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 24208 of 2010(A) -------------------------- PETITIONERS: --------------- 1. M.SHAKHEER,S/O.ABDUL AZEEZ,AGED 48 YEARS RESIDING AT MACHINGAL HOUSE,NEAR MUNDEKKAD, POST PONMUNDAM,TIRUR,MALAPPURAM DISTRICT, PIN-676 106. 2. P.K.ABDUL REHIMAN,S/O.KUNHAPPU, AGED 50 YEARS,RESIDING T PARAMMEL KUDUKKUNGAL HOUSE,POST PONMUNDAM,TIRUR,MALAPPURAM DISTRICT, PIN-676106. BY ADV. SRI.K.P.RAMACHANDRAN SRI.M.G.ASHOKAN SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) SMT.BINDHU PAULOSE RESPONDENT(S): --------------- 1. THE COMMISSIONER,KERALA STATE ELECTION COMMISSION,CORPORATION OFFICE BUILDING COMPLEX, LMS JUNCTION,THIRUVANANTHAPURAM,PIN-695 033. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY(LOCAL ADMINSTRATION)TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 3. STATE OF KERALA,REPRESENTED BY DISTRICT COLLECTOR-MALAPPURAM,CIVIL STATION, MALAPPURAM,PIN-676 505. 4. DIRECTOR OF PANCHAYATH,PUBLIC OFFICE BUILDING,POST VIKAS BHAVAN, THIRUVANANTHAPURAM,PIN-605 033. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 BY GOVT.PLEADER SMT.K.R.DEEPA FOR R2 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24208 of 2010 A ----------------------------------------------------- DATED THIS THE 11th DAY OF AUGUST, 2010 JUDGMENT The petitioners are residents of Ponmundam Grama Panchayat. The complaint of the petitioners is against the President of the Panchayat, who is not arrayed as a respondent herein. 2. It is pointed out that during the year 2006-07, 'Nirmala Grama Puraskar', which is an award given by the Central Government for recognition for excellence in the performance of Grama Panchayat was given to the Ponmundam Grama Panchayat. It appears that in connection with the award distribution ceremony, the said Panchayat President had occasion to erect certain flex boards within the area of the Panchayat, which according to the petitioners does not reflect the correct position. Accordingly they have moved the State Election Commission by filing Exhibit P4 to disqualify the said President of the Panchayat. 3. Heard the learned Standing Counsel for the Election Commission. 4. The main prayer in the Writ Petition is for a direction to the Election Commission to consider the matter and pass appropriate orders. Obviously, as contended by the learned counsel for the State Election Commission, the Commission's power are available only under W.P.(C)No. 24208/10 -2- Section 36 of the Panchayat Raj Act and that too on certain specified grounds of disqualification covered under various provisions of the Act. Evidently, the alleged disqualification is not one of the disqualifications provided under the Kerala Panchayat Raj Act. In that view of the matter, the Election Commission will not be the Forum to consider such a complaint of the petitioners herein and this Court also will not be justified in directing the Election Commission to dispose of the petition as one filed under Section 36 of the Act. 5. Evidently, Exhibit P4 is only a representation calling upon the Commission to consider the same. In the absence of any alleged disqualification coming under the Act, it may not warrant any action under the Panchayat Raj Act and this Court will not be justified in directing the Election Commission to consider the matter. Therefore, the Writ Petition is disposed of without prejudice to the rights of the petitioners to move any other forum, if permissible under law. T.R.RAMACHANDRAN NAIR, JUDGE. dsn