THOTTATHIL B.RADHAKRISHNAN
Vinodkumar – Appellant
Versus
C. P. Faizal – Respondent
1. The petitioner is a voter in Ward No.14 of Koduvally Grama Panchayat. A petition filed by him before the Kerala State Election Commission seeking an order that the first respondent is disqualified stands allowed as per Ext. P1 order. Today, vide separate judgment, that order has been confirmed. Petitioner seeks a direction to the Commission that in view of Ext.P1, the Commission ought to have further declared that the first respondent is disqualified and is not qualified to be chosen in the Panchayat at any level in view of Sections 29(f) and 34(1)(n) of the Kerala Panchayat Raj Act, 1994.
2. Section 29(f) of the Act provides that a person shall not be qualified for chosen to fill a seat in a Panchayat at any level unless he has not been disqualified under any other provisions of the Act. The said provision gets automatically attracted when a member is disqualified in terms of Section 35(1) of the Act. The incurring of the disqualification under Section 35(1)(q) is automatic because, Section 35(1) opens by saying that a member shall cease to hold office as such, if he has failed to file declaration of his assets within the time limit prescribed under Section 159. Sect
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.