Thottathil B. Radhakrishnan, J.

1. This Writ Petition is before us on a reference by the learned single Judge on the premise that there is conflict of opinion between the judgments of this Court in Kunjappan v. Rajan (2004 (1) KLT 536) and Vinodkumar v. Faizal (2010 (1) KLT 35).

2. The petitioner incurred cessation of office by the operation of S.35(1)(k) of the Kerala Panchayat Raj Act, 1994, hereinafter, the ‘K.P.R. Act’, for short. A decision to that effect by the Election Commission has been upheld by this Court in Krishna Kumar v. Kerala State Election Commission (2010 (3) KLT 315). The issue which has now brought the petitioner before this Court is referable to the question as to whether the operation of any disqualification referable to cessation of membership on account of S.35(1)(k) of the K.P.R. Act is a perpetual disqualification or whether it is co-terminus with the cessation of the term of the committee, of which he ceases to be a member by the effect of S.35 (1)(k).

3. In Kunjappan (supra), after noticing the different aspects of the matter, including the power of the remaining members of the committee to even order restoration of the membership as enjoined