Dated this the 31 st day of July, 2024 A. Muhamed Mustaque, Acg. C.J.

This appeal is filed at the instance of an elected candidate of Kappur Grama Panchayat. A petition for disqualification has been filed by the 2nd respondent herein before the Kerala State Election Commission. A preliminary objection was raised by the appellant as to the maintainability of the petition for disqualification. That was considered by the Election Commission and ordered that the question of maintainability cannot be considered as a preliminary point.

2. Learned Senior Counsel appearing for the appellant submits that the pleadings disclose that no cause of action has been stated and also do not disclose the period to calculate limitation. Thus, it is argued that the petition itself was barred in the light of Rule 4A of the Kerala Local Authorities (Disqualification of Defected Members) Rules , 2000.

3. The question is whether this Court can compel the Election Commission to decide on the maintainability at the threshold.

4. The learned standing counsel for the Election Commission, by placing reliance on a judgment of this Court in Abdul Gafoor T.P. v. Kerala State Election Commission , Tvm and Ot