IMPORTANT POINTS
• Once all the members, including the person against whom the motion is being moved, are put on notice about the meeting convened to consider the motion, then it is for that person to attend the meeting, participate in the debate and the voting and abide by the decision of the majority- Having failed to attend the meeting without any justifiable reason and the motion having been carried unanimously, it is not open for the petitioners to challenge the motion and its consequences based on technicalities.
• The tenure of the office of the President is wholly at the pleasure and the will of the majority of the Councillors and he can stick to that office only so long as he enjoys the confidence of the majority. As soon as he loses the confidence of the majority, he is not entitled to continue in his office. It may be that the President is not guilty of any misconduct in the discharge of his duties or is not guilty of any disgraceful conduct.

1. The 1st petitioner was the President and the 2nd petitioner the Vice President of Kumbalam Grama Panchayat (herein after called the 'Panchayat'). The Panchayat Committee consists of 18 members. On 24.12.2018, 7 out of the 18 members gave notice to the 4th respondent, intimating their intention to move a no-confidence motion against the petitioners. Exts R4(a) & R4(b) are the notices of intention submitted by the 7 members. Along with the notices of intention, Exts P2 & P2(a), the proposed no-confidence motions were also appended. The notices of intention and the proposed no-confidence motions were received and acknowledged by the 4th respondent under Exts R12(c) & R12(d). Thereafter, the 4th respondent issued Ext P1 notice to the members of the Panchayat informing them about submission of the proposed no-confidence motion and convening of a meeting on 14.01.2019 for consideration of the motions. Later, by Exts P3 & P4, the 4th respondent informed the members that the meeting proposed to be held on 14.1.2019 was advanced to 10.1.2019. In the meeting held on 10.1.2019, 10 out the 18 Panchayat Committee members participated. In the meeting, after the motion of no-confidence was read out by the 4th respondent, the members had a debate and thereafter unanimously voted in favour of the no-confidence motion. The petitioners and 6 other members abstained from the meeting. After voting, the 4th respondent declared the no-confidence motion against the petitioners as carried and reported the consequential casual vacancies of the President and Vice President of the Kumbalam Grama Panchayat to the State Election Commission.

2. The Writ Petition is filed challenging the entire process leading to the disqualification of the petitioners, based on the no-confidence motions mooted by the 7 members. The following grounds are urged in support of the challenge against the process leading up to the carrying of the no-confidence motion.

(i) Exts P2 and P2(a) motions are not no-confidence motions, inasmuch as the wordings in Exts P2 & P2(a) expresses no-confidence motion in the Managing Committee and not in the President or the Vice President. As such, there was no valid motion enabling its tabling for discussion or voting under Section 157 of the Kerala Panchayat Raj Act.

(ii) Section 157(2) mandate the submission of a written notice, in such form as may be prescribed, of the intention to move the motion. Exts R4(a) & R4(b) are not the notices of intention prescribed as per Section 157(2) read with Rule 15 of the Kerala Panchayat Raj (Procedure for Conduct of Panchayat Meeting) Rules, 1995.

(iii) Ext P4 notice issued by the 4th respondent informing the members about the meeting for considering the no-confidence motion against the 2nd petitioner is also defective.

3. In the counter affidavit filed by the 4th respondent it is stated that the State Election Commission, in exercise of the power under Sub-section 2 of Section 157 of the Kerala Panchayat Raj Act, has issued Order No.384/2011/SEC dtd.6.7.2011 designating the Secretaries of Block Panchayats as the officers authorised to receive the notice of intention to move the motion of no-confidence against the President and Vice-President of the Grama Panchayats within their Block. The Kumbalam Grama Panchayat being within the Palluruthy Block, of which the 4th respondent is the Secretary, the 4th respondent is the officer authorised to receive notice of intention to move no-confidence motion against the petitioners. The notice of intention along with the proposed no-confidence motion was submitted to the 4th respondent directly on 24.12.2018. On receipt of the notice of intention and proposed no-confidence motion, the 4th respondent had convened a meeting of the elected members of the Panchayat for consideration of the motion in terms of Section 157(3) of the KPR Act. That, even though initially the meeting was decided to be held on 14.1.2019, it was advanced to 10.1.2019 in order to satisfy t