The liability under Section 35(1)(q) of the Kerala Panchayat Raj Act, 1994 is incurred only if the statement of assets and liabilities is not filed before the competent authority within the specified time limit, and mere dispatch or posting of the statement is insufficient.

“CR”

1. Kerala State Election Commission, in independent proceedings, declared two members of Koduvally Grama Panchayat as disqualified on ground that they had failed to file declaration of assets within the time limit prescribed in the Kerala Panchayat Raj Act, 1994, for short, the “Act”. These writ petitions are filed challenging those decisions. Common questions of law, on similar sets of facts, are raised. Hence, these matters are heard contemporaneously and are decided as per this common judgment.

2. The records of the Commission in relation to both the proceedings are placed before this Court.

W.P.(C).13558 of 2008

3. The petitioner C.P. Faizel, who represented Ward No.14, challenges the decision of the Commission declaring him as disqualified.

4. The brief facts are as follows:

(a) The second respondent, voter, filed the petition before the Commission alleging that the member did not file statement of assets and liabilities on or before 18.7.2007, in terms of Section 159(1) of the Act, but filed it only on 18.9.2007 and hence, he is disqualified and shall cease to hold office by the force of Section 35(1)(q) of the Act.

(b) The member contended that he had submitted statement of assets and liabilities in the prescribed form to the Deputy Director of Panchayats, Kozhikode, the competent authority, on 12.10.2006 under certificate of posting from the Valiaparambu Post Office and that what he submitted on 18.9.2007 is only a subsequent statement in terms of Section 159(2) regarding later a acquisitions/disposal of assets/creation of liability.

(c) Ext.P2 dated 27.7.2007 is information given to the voter under the Right to Information Act, 2005, from the Office of the Assistant Director of Panchayats, that the member had not filed any statement till the date of that letter. Ext.P3 is issued by the Deputy Director of Panchayats, for short, “DDP”, on 6.1.2007 to P.P. Moideenkutty, another member of the Panchayat, stating that the member had not filed the statement in terms of Section 159 of the Act. Ext.X1 proved through P.W.2, the DDP, is the statement of assets and liabilities filed by the member before him and it was shown as received in the office of the DDP on 18.9.2007. Ext.X3 is the letter addressed by the Information Officer to the voter on 29.10.2007 stating that the member had filed the statement of assets and liabilities on 18.9.2007 beyond the stipulated date. That document also shows that the member had sent a petition to the DDP on 13.8.2007 stating that he had already sent the statement through post on 12.10.2006. However, Ext.X3 is categoric that the statement claimed to have been sent by the member on 12.10.2006 was not received in the office of the DDP and that the said fact was intimated to the member on 18.8.2007, on receipt of the member’s letter dated 13.8.2007. Ext.X4 register kept in the office of the DDP showed that it is a register arranged panchayat-wise and showing the details of assets and liabilities filed by the members of the Grama Panchayats in Kozhikode District. The Commission has noticed that Ext.X4 records that a copy of a statement was received from the member along with his letter dated 13.8.2007 and another statement was received on 18.9.2007.

(d) The voter gave evidence as P.W.1.

(e) P.W.2, the DDP, refuted the suggestion in the cross examination that the statement of assets and liabilities sent by the member on 12.10.2006 under certificate of posting was not appropriately included in the register.

(f) The member gave evidence as R.W.1, R.W.2, Post Master of Valiaparambu Post Office gave evidence stating that Ext.X7 is a certificate of posting issued by him on 12.10.2006. Though he mentioned that the addressee’s identity will be verified before such certification, he stated that he cannot remember as to who brought the postal article in relation to which Ext.X1 was issued on 12.10.2006. He also stated that he does not know whether it was brought by the member.

5. The Commiss