LISSY VALSALAN Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) O.P. No. 8164/03 - V

(2.) The petitioner was elected member of the Keerampara Grama Panchayat from Ward No.4 in the election held in September 2000. The Ward Member is the ex officio Convenor of the Grama Sabha of that ward. The Grama Sabha has to meet at least once in three months. The last of the meetings of the Grama Sabha of her ward convened by her in the year 2001 was on 14.11.2001. So the next meeting should have been convened on or before 14.2.2002. In the meantime, the Government employees went on strike on 6.2.2002 which ended only on 8.3.2002.

(3.) The Vice President of the Panchayat was voted out by a no - confidence motion on 7.4.2002 and the President was voted out on 16.4.2002. Thereafter, new President was elected on 7.5.2002 and a Vice President was elected on 14.5.2002. The six months period for convening the meeting expired on 14.5.2002. The meeting was convened on 22.6.2002 by notice dated 30.5.2002. The 3rd respondent filed a petition before the State Election Commission under S.36 of the Kerala Panchayat Raj Act seeking to disqualify the petitioner under S.35(p) of the Act on 13.8.2002. Ext. P1 is the said petition, to which the petitioner filed Ext. P2 objection. After hearing both sides and taking evidence, the Election Commission, by Ext. P4 order dated 7.3.2003, declared that the petitioner has ceased to be the member of the Panchayat with effect from 14.5.2002. This Original Petition is filed by her challenging Ext. P4.