Radhakrishnan, Ag. C.J.

Question that is posed for consideration in this case is whether a voter can invoke section 36 (1) of the Kerala Panchayat Raj Act calling upon the State Election Commission to decide as to whether a member has become disqualified under section 35(k), especially when that member has already become disqualified and that order has attained finality so far as that member is concerned.

2. Ussain, the third respondent, was elected as member of Ward No.6 of Kunnamangalam Grama Panchayat, but on account of his consecutive absence for four times in the Welfare Standing Committee Meeting of the Panchayat he entailed a disqualification under section 35(k) of the Act. Secretary of the Panchayat issued Ext. P1 notice dt.2-6-2006 under Section 37(2) of the Act informing him of his disqualification under section 35(k) of the Act. Ussain then filed a petition before the Panchayat under section 37(2) of the Act seeking restoration of his membership. Committee of the Panchayat dismissed the same vide Ext.P3 decision. Ussain then filed a petition under section 36(1) of the Act before the Election Commission which was numbered as OP.No.23 of 2006, which was later dis