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

The petitioner, who is a member of Keerampara Grama Panchayat, challenges Ext. P4 order passed by the 1st respondent State Election Commission, declaring that she has suffered disqualification to continue as a member of the Panchayat under S.35(p) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act). The brief facts of the case are the following:

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.

4. According to the petitioner, the meeting for the month of November was held on 14.11.2002 and so she need convene the next meeting on some date in the months of December, January or February, ie., the meeting was to be convened between 1.12.2001 and 28.2.2002. Because of the strike of Government servants which commenced on 6.3.2002 and called off on 8.3.2002, the meeting could not be convened in the month of February. Therefore, the petitioner submits, the next meeting need be convened on some date in the months of March, April or May, ie., between 1.3.2002 and 31.5.2002. The petitioner has convened the meeting on 30.5.2002 by Ext. P3. According to her, convening means, the issuance of notice for the meeting. Therefore, it is submitted that she was not disqualified. It is also her case that the date and time of the meeting have to be fixed by the President of the Panchayat in the light of the relevant provisions of the Act and Rules. In the case of hand, the President has never discharged his duty in this regard. The disqualification will be attracted only if she fails to convene the meeting even after the President has fixed the date and time of the meeting. So, it is contended that the order of the Election Commission is unsustainable.

5. The 3rd respondent has filed a counter affidavit. According to him, the meeting has to actually take place within the three months' period. The three month's period has to be calculated from the date of the last meeting. Since the last meeting was held on 14.11.2001, the next meeting should be convened before 14.2.2002 and the second meeting should be convened before 14.5.2002. The petitioner has failed to do that. If the issuance of notice is treated as the convening, the meeting on 14.11.2001 was convened by notice dated 20.10.2001 and so, even going by the petitioner's contention, notice for the first meeting should be issued before 20.1.2001 and the second meeting before 20.4.2002. If the petitioner's method of computation of months is taken with reference to the date of issue of the notice, the six months' period was over between November and April. So, in any view of the