1. Elected to the Akalakunnam Grama Panchayat to be its member from Ward No.5, the petitioner became the convener of the Grama Sabha of that constituency in terms of Section 3(4) of the Kerala Panchayat Raj Act, 1994, for short, the "Act". The first meeting of the Grama Sabha was held on 28.1.2006. The second meeting scheduled to be held on 20.8.2006 was adjourned for want of quorum and was held on 27.8.2006.

2. The 2nd respondent filed a petition before the Kerala State Election Commission alleging that though the Panchayat was constituted on 2.10.2005, the first and second meetings of the Grama Sabha for Ward No.5 were convened by the petitioner only on 28.1.2006 and 28.7.2006 respectively and hence, having failed, twice consecutively, to convene meetings of the Grama Sabha, due once in three months, she has incurred the disqualification in terms of Section 35 (p) of the Act.

3. The Writ petitioner denied the allegations against her and contended that she was not able to convene the Grama Sabha in time as the President of the Panchayat had not fixed and communicated to her the date and time for convening the meeting. She pleaded that as per Rule 4 of the Kerala Panchaya