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2024 Supreme(Ker) 154

GOPINATH P.
Baiju Varavumkal S/o George – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.C. Vincent.
For the Respondents: Unnikrishnan V. Alapatt, Deepu Lal Mohan, Venugopal V.

JUDGMENT :

1. The petitioners are elected members of the 3rd respondent panchayat. The petitioners, along with five other members of the 3rd respondent Panchayat, issued notice to move a motion expressing want of confidence in the President of the Grama Panchayat in terms of Section 157 of the Kerala Panchayat Raj Act, 1994 (In short ‘the KPR Act, 1994’). A meeting was convened by the authorised officer, namely the 4th respondent, on 06-10-2023. Only seven members, including the petitioners who had issued notice, had attended the meeting. All the seven persons who attended the meeting supported the motion of no-confidence. However, the 4th respondent declared the motion as not carried. This is under challenge in this writ petition.

2. Sri. K.C. Vincent, learned counsel appearing for the petitioners would submit that the total number of members in the Karimannoor Grama Panchayat is fourteen. It is submitted that one of the members was declared disqualified, and the decision has been upheld by this court by the judgment in W.P (C) No. 6870/2023. It is submitted that under the provisions of Section 157 of the KPR Act, 1994, the quorum for a meeting to consider a motion of no-confidence

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