1. The petitioner is a member from Ward No.8 of Kadambanad Grama Panchayat. Aggrieved by the intimation given by the Secretary of the Panchayat that he has ceased to be a member in the Panchayat, under Section 37(2) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act'), he approached the State Election Commission by filing O.P.No.6/2009. The Commission, by the impugned order Ext.P4, upheld the communication issued by the Secretary, which is under challenge in this writ petition.

2. The intimation issued by the Secretary has been produced as Ext.P1, wherein it is mentioned that since the petitioner had not attended the meetings of the Committee of the Panchayat held after 16.10.2008 for a period of three months (five ordinarily meetings and one urgent meeting) in spite of receipt of notice, he has ceased to be a member under Section 35 (k) of the Act, from 16.1.2009.

3. Heard learned Senior Counsel for the petitioner Shri V. Chitambaresh, Shri Murali Purushothaman, learned Standing Counsel for the Election Commission and Shri K. Shaj, learned counsel for the second respondent.

4. Learned Senior Counsel for the petitioner submitted that the intimation