The petitioner challenges the order passed by the 1st respondent Kerala State Election Commission that dismissed O.P.No.15/2022 filed by him under Section 36 (1) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as ‘the Act’) challenging his disqualification imposed under Section 35 (1) and also against the refusal to restore his membership under Section 37 (1) of the Act.

2. The petitioner is an elected member of Ward No.XII of the 2nd respondent Grama Panchayat. He could not attend the meetings of the Panchayat from 01.01.2022. He states that he had filed a leave application, as per a letter dated 04.02.2022, requesting three months’ leave from that date on medical grounds. Ext.P1 is the letter sent through registered post with acknowledgment due. The petitioner submits that though the Panchayat had received the same on 7.12.2022, no reply was given to him. He was involved in Crime No.897/2021 of Alappuzha South police station and Crime Nos.1379/2021 and 20/2022 of Punnapra police station and was arrested on 02.03.2022. While undergoing judicial custody, he moved CMP No.862/2022 before the Judicial First Class Magistrate’s Court-I, Alappuzha for allowing par