IMPORTANT POINTS
Election remedy can be availed only by an elected member of the Panchayat Committee, going by the definition of member of Panchayat as per Sec.2(xxiv). Since the petitioner is admittedly only a voter of Panchayat and not an elected member of the Panchayat Committee, he does not have even the locus standi to prefer an election petition, in terms of the governing statues. Hence it is pointed out that the abovesaid pleas of the petitioner are not tenable and that this Court may not interfere with the matter.

JUDGMENT :

The case set up in this Writ petition (C) is as follows:

The petitioner is a resident of Ward No.10 of Nedumkunnam Grama Panchayat in Kottayam District. There are total 15 wards in Nedumkunnam Grama Panchayat. The last election to the Panchayat committee was held in 2015. The total 15 members of the Panchayat Committee belong to various political parties and the President-ship is on rotation basis. The first President was in office for one year and three months. The second President was in office for two years. The third President was in office for one year. The term of fourth President expired in February 2020. In the absence of President to the Panchayat the administration is by the Vice President and the administration of Panchayat is going on smoothly. The next election to the Panchayat is to be held in September 2020 as declared by the Government of Kerala. Since the next general election is to be held in September 2020 and in the wake of fast spreading of pandemic Covid-19, the Government of Kerala has decided not to conduct bye-elections to the Local Self Government Institutions this year, which were proposed to be held in April/May 2020. The Covid-19 pandemic is fast spreading in Kerala, especially in Kottayam District. It has been reported in Indian Express dated 05.06.2020 that new 5 cases have been reported in Kottayam. The boundary of Kottayam District is Pathanamthitta District and in Pathanamthitta also the Covid-19 is fast spreading. Even though the balance period of the committee and the President-ship is only upto September 2020, the 2nd respondent has issued notification fixing the election of the president-ship on 12.06.2020. The date of Exhibit-P5 notification is 02.06.2020 and the election is notified to be held on 12.06.2020. The notification has not been received by all the members with clear seven days for election. The present election to the president-ship is mandated only for political reasons. It is submitted that the political reasons and political ambitions of members of parties may not affect the health and safety of public at large. The election as notified by Exhibit-P5 is not at all a must in the prevailing circumstances, especially in the present situation of spreading of Covid-19 pandemic. This is not a time for fulfilling the political ambitions. Further the lock down is extended till 30.06.2020. The petitioner has approached respondents 2 to 4 and even submitting representation to the 2nd respondent. But the respondents are continuing with the proceedings for election as notified. Exhibit-P5 notification has to be quashed.

It is in the light of these averments and contentions, that the petitioner has filed this Writ Petition (C) seeking the following prayers:

“(i) a writ or certiorari or other appropriate writ, order or direction, quashing Exhibit-P5 notification dated 02.06.2020 issued by 2nd respondent;

(ii) Issue such other writ, order or direction as may be just and proper in the interest of Justice.”

2. Heard Sri.Mathew Sebastian, learned counsel appearing for the petitioner and Sri.Murali Purushothaman, learned Standing Counsel for the Kerala State Election Commission appearing for R1 and R2. In the nature of the orders proposed to be passed in this Writ petition notice to R3 and R4 (Nedumkunnam Grama Panchayat) will stand dispensed with.

3. The case of the petitioner is that, he is a resident and voter of the 3rd respondent Nedumkunnam Grama Panchayat and that the issuance of Ext.P5 notification dated 02-06-2020 by the 2nd respondent Returning Officer for conduct of election to the vacant office of president of the said Grama Panchayat is illegal and improper. One of the main grounds urged is that statutory rules prescribed that notice of not less than seven clear days should be given for the conduct of the election and that in the instant case Ext.P5 notification is issued on 02-06-2020 and the election is scheduled to be conducted on 12-06-2020 and in all likelihood the minim