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2014 Supreme(Ker) 802

K.M.JOSEPH, K.ABRAHAM MATHEW
Shailamma Issac – Appellant
Versus
Returning Officer – Respondent


Advocates Appeared:
For the Appellant :T.P. Pradeep and P.K. Sathees Kumar, Advocates.
For the Respondent:Varughese M. Easo and Murali Purushothaman, Advocates.

JUDGMENT :

K.M. Joseph, J.

The appellant and the 5th respondent polled six votes in the election held for electing the President of the 3rd respondent Panchayat. The first respondent Returning Officer proceeded to draw lots. The appellant was declared elected and sworn in as the President of the Panchayat. The 5th respondent complained to the first respondent that the procedure adopted was illegal. The appellant is informed by Ext.P2 that she could assume the office of the 4th respondent (State Election Commission). By Ext.P3, the 4th respondent found that the procedure adopted for selecting the appellant was wrong in purported exercise of supervisory powers of the 4th respondent and the declaration of the results as well as the selection of the appellant was found to be ab initio void. Ext.P4 was issued notifying that the 5th respondent would be sworn in as the President of the Panchayat on 3.1.2014. This Writ Petition is filed seeking to quash Exts.P3 and P4. The learned Single Judge dismissed the Writ Petition.

2. We heard the matter at the admission stage itself. We heard the learned counsel for the appellant, the learned Standing Counsel for respondents 1 and 4 and the learned co
























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