1. An employee of a co-operative society registered under the provisions of the Kerala Co-operative Societies Act, 1969 is elected as a member of the Panchayat. There is no election petition. Retaining employment he continues to hold office as a member of the Panchayat. Can the State Election Commission determine the disqualification under S.36 of the Kerala Panchayat Raj Act?

2. Petitioners in these Original Petitions are employees of co-operative societies registered under the provisions of the Kerala Co-operative Societies Act, 1969. Retaining their employment in the respective societies they contested for election to the Grama Panchayats and they were elected. No election petition was filed on any of the grounds available under S.102 or 103 of the Kerala Panchayat Raj Act, as provided under Ss.87 to 89 of the Kerala Panchayat Raj Act, 1994. Instead, the contesting respondents moved the State Election Commission under S.36 of the Kerala Panchayat Raj Act. The Commission entertained the petitions and in one case the issue was adjudicated. The Commission took the view that the member who is an employee of a co-operative society at the time of election is disqualified fo