Ashok Bhushan, CJ.

These two Writ Appeals arising out of two Writ Petitions being W.P(C).Nos.22150 and 15488 of 2015 filed by the appellant have been heard together and are being decided by this common judgment. Brief facts giving rise to these two Writ Appeals are:

W.A.No.1712 of 2015

The petitioner/appellant has been working as elected President of the Karimannoor Grama Panchayat. A notice for moving a no confidence motion against the petitioner was given by requisite number of elected members, to the Block Panchayat Secretary on 12.5.2015. The Secretary of the Block Panchayat issued a notice dated 14.5.2015 convening a special meeting on 27.5.2015 at 11 a.m for considering the motion. The petitioner, after receiving the notice, sent a letter dated 22.5.2015 requesting the Secretary of the Block Panchayat to adjourn the meeting to another date, since she was suffering from intense backache and numbness in her hands and legs. The Secretary of the Block Panchayat did not accede to the request of the petitioner. The petitioner filed W.P(C). No.15488 of 2015 challenging the notice dated 14.5.2015 convening the meeting on 27.5.2015 with some other reliefs. This Court passed an interim order on 26.5.2015 staying the holding of the meeting on 27.5.2015. In the Writ Petition, the petitioner had referred to her illness and submitted that it was not humanly possible for the petitioner to participate in the meeting, hence the meeting be stayed. The interim order, however, continued till 9.6.2015 and thereafter was not extended. The Writ Petition was ultimately dismissed on 26.6.2015 against which judgment, W.A.No.1712 of 2015 is filed.

W.A.No.1979 of 2015

2. After receipt of the information about the vacation of the interim order and after receipt of the direction from the State Election Commission to initiate further proceedings, the Secretary, Block Panchayat issued a notice dated 15.7.2015 to convene a meeting of no confidence motion on 27.5.2015 for considering the motion as submitted on 12.5.2015. The petitioner, after receiving the notice dated 15.7.2015, again rushed to this Court by filing W.P(C).No.22150 of 2015 praying for the following reliefs:

“i) To issue a writ of certiorari quashing Exhibit P4 as unjust, illegal and unsustainable;

ii) To declare that Exhibit P4 is null and void in view of Section 157 of the Kerala Panchayat Raj Act and therefore the same cannot be acted upon.

iii) To issue a writ of mandamus directing the respondents to refrain from proceeding further on the basis of exhibit P4.

iv) To issue such other orders, directions or writs as may be prayed for an that this Hon'ble Court may deem fit on the facts and circumstances of the case.”

3. This Court did not grant any interim order. Consequently, the no confidence motion was considered on 23.7.2015 and motion was passed with support of 10 members out of 13 members present in the meeting. Although the motion was carried on 23.7.2015, the Writ Petition was neither amended nor any challenge was laid to the carrying out of the no confidence motion on 23.7.2015 in the Writ Petition. W.P(C).No.22150 of 2015 has also been dismissed by the learned Single Judge by judgment dated 21.8.2015, against which judgment, W.A.No.1979 of 2015 has been filed.

4. Sri.Kaleeswaram Raj, learned counsel appearing for the petitioner submitted that the proceedings of no confidence motion can be held in accordance with the statutory provision as provided in the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the 1994 Act'). It is submitted that under Section 157(3), the meeting can be convened not later than 15 working days from the date on which notice under the sub-section is delivered to the officer. When the meeting scheduled to be held on 27.5.2015 could not be held, there was requirement of a fresh notice of no confidence motion for holding any meeting. It is submitted that the meeting convened by notice dated 15.7.2015 on the same motion dated 12.5.2015 is illegal