The main legal point established in the judgment is that the election to the Standing Committee should be conducted by proportional representation by single transferable vote and at the same time for all vacancies, as mandated by the Kerala Panchayath Raj Act, 1994.

These Original Petitions relate to election to the two vacancies that arose in the Standing Committee of the Poothadi Grama Panchayat. There were five members in the Standing Committee out of which two members submitted their resignations on 9-11-1997 and 10-11-1997. In order to fill up the vacancy, the President issued a notice on 11-11-1997 for convening a meeting to hold the election to the post of two vacancies on 20-11-1997. There are 13 members in the Panchayath. All of them were present on the election day, viz. on 20-11-1997. In that meeting the 1st petitioner, Mr. K. K. Viswanathan Master and 4th respondent, Smt. Jancy Devassia in O.P. 21043 of 1997 were proposed and seconded. There were no other names suggested or nominated. Instead of declaring the two persons as elected as per Rule 6(1) of the Rules relating to Election of Members of the Standing Committee and Chairman, the President, who was functioning as Returning Officer dispersed the meeting without declaring the election, on the ground that some of the members have raised objection to the effect that the election to the posts fell vacant on different dates, and, therefore, the election cannot be conducted on the same day. The objections of the petitioners were recorded in the minutes. Under the circumstances the above Original Petition is filed seeking for a direction to declare them elected or in the alternative to hold the re-election on the same day for the vacancies.

2. Petitioners have prayed for quashing of subsequent notices called for at one hour intervals on the ground that the election has to be conducted at the same time.

3. Counter-affidavits have been filed by all the respondents. I heard the counsel and the respondents. Two important questions that arise for consideration in these Original Petitions are: (i) whether the election to the Standing Committee should be through proportional representation by a single transferable vote or it should be by simple majority; and (ii) whether there was any nomination for the election on 20-11-1997.

4. The case of the 1st respondent is that as per Rule 5 of the Rule relating to Election of Members of the Standing Committee, the candidate intending to contest should submit his nomination at the beginning of the meeting in writing to the President. No candidate has given in writing to the President informing his intention to contest as a candidate and, therefore, there was no valid nomination in the eye of law. The case of the petitioners is that the candidates, viz. K. K. Viswanathan Master and Smt. Jancy Devassia submitted their written nominations and they were proposed and seconded validly. However, the election was adjourned not on the ground that no nomination was made. There, at this stage, it is academic to go into the question whether there was a nomination or not since the election was not conducted. Besides, the respondents have taken the stand that election has to be conducted separately with intervals for each vacancy and, therefore, this point is the primary concern.

5. Section 162(2) of the Kerala Panchayath Raj Act, 1994, hereinafter referred to as 'the Act', states as follows :

"Every Standing Committee shall consist of members elected by the elected members of the Panchayat from among themselves through proportional representation by a single transferable vote."

(Emphasis added)

Therefore, the legislature has consciously decided to give weightage to different groups in a Panchayath and the legislature did not go by a single majority for the election to the members. Coming to the Rules, Rule 6(1) states that if the number of candidates and the vacancy of members are equal all such candidates shall be declared elected by the President. Sub-rule (3) of Rule 6 which is important is extracted below :

"If the number of candidates is more than the number of vacancies election shall be conducted among the members present under proportional representation by single transferable votes."