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2008 Supreme(Ker) 359

ANTONY DOMINIC
Varghese Yohannan – Appellant
Versus
Kerala State Election Commission, Thiruvananthapuram – Respondent


Advocates Appeared:For the Petitioner:K. Ramakumar (Sr.), Saritha David Chunkath, A. Sameer, R. Jayachandran, Advocates. For the Respondents:R1, Murali Purushothaman, SC, K.S.E.Comm, R3, K. Jagadeeschandran Nair, R4, K. Jaju Babu, T.S. Shyam Prasanth, Advocates.

Judgment :

Petitioners challenge Ext.P7 orders passed by the 1st respondent. The Kerala State Election Commission, disqualifying them under Sec.36 read with sec.35(p) of the Kerala Panchayat Raj Act.

The impugned orders were rendered on the basis that the petitioners, being conveners, had failed to convene the meetings of the Grama Sabha, as required of them under Section 3(3) of the Kerala Panchayat Raj Act.

2. The facts of the case are that, the petitioners are members elected from ward Nos. 5 and 6 of Akalakunnam Grama Panchayat and were sworn in on 10.2005. The President was elected on 10.2005 and the first meeting of the Panchayat was held on 110.2005.

3. In so far as the issue raised in these writ petitions is concerned, it needs to be noticed that the first meeting of the Grama Sabha in so far as Ward No.5 was held on 28.1.2006 and the second meeting was held on 28.2006. In so far as Ward No.6 is concerned, the first meeting was held on 11.2006 and the second one, on 28.2006. The 2nd respondent in WP(C) 37935 of 2007 filed a petition before the 1st respondent, alleging that the Panchayat was constituted on 10.2005, and that the 1st and IInd Grama Sabhas were convened by the p
















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