IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 7^TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 9835 OF 2022 PETITIONERS:

1 PRADEEP PU AGED 47 YEARS PK UNNI @ UNNI VYDHYAN, PAZHANJIYIL HOUSE, PIDAVANNUR AMOSM, MOOKUTHALA POST, PONNANI TALUK, MALAPPURAM DISTRICT , PIN - 679574

2 JAYAPRAKASHAN AGED 48 YEARS S/O. VELAYUDHAN, PERISSERY PARAMBIL MOOKKUTHALA, NANNAMUKKU, PONNANI TALUK, MALAPPURAM DISTRICT , PIN - 679574 BY ADVS.

K.M.FIROZ E.C.AHAMED FAZIL M.SHAJNA NIYAS MOHAMMED P.C.MUHAMMED NOUSHIQ RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001

2 KERALA STATE ELECTION COMMISSION VIKAS BHAVAN, JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY, THIRUVANNATHAPURAM, REPRESENTED BY ITS SECRETARY , PIN - 695033

3 NANNAMUKKU GRAMA PANCHAYATH NANNAMUKKU GRAMA PANCHAYATH OFFICE, NANNAMUKKU, CHANGARAMKULAM, MALAPPURAM DISTRICT REPRESENTED BY ITS SECRETARY , PIN - 679575

4 PRAVEEN O.P.

AGED 30 YEARS S/O. CHANDRAN, OZHUKKAN PARAMBIL HOUSE, PIDAVANNUR AMSOM, MOOKUTHALA POST, PONNANI TALUK, MALAPPURAM DISTRICT , PIN - 670505 BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON 07.04.2022 DELIVERED THE FOLLOWING:

ANU SIVARAMAN, J.

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W.P.(C).No.9835 of 2022 = = = = = = = = = = = = = = = =

Dated this the 7^th day of April, 2022

JUDGMENT

1.The prayers in the writ petition are as follows:-

“i To issue a writ of Quo Warranto or any other appropriate writ, direction or order requiring the fourth respondent to show under what authority he had been holding the office of Vice-President and Chairman of Standing Committee of Finance of Nannamukku Grama Panchayath after passing of Exhibit P1 dated 14-1-2022 and to restrain the fourth respondent from continuing in that office.

ii. To declare that fourth respondent has no authority and not entitled to hold the post of and continue as Vice-President and Chairman of Standing Committee of Finance of Nannamukku Grama Panchayath after passing of Exhibit P1 dated 14-1-2022.

iii. To direct the fourth respondent to refrain from holding the office of Vice-President and Chairman of Standing Committee of Finance of Nannamukku Grama Panchayath by issuing a writ of mandamus or any other appropriate writ, direction or order.”

2.Heard the learned counsel for the petitioner, the learned standing counsel appearing for the Kerala State Election Commission and the learned Government Pleader.

3.The learned counsel for the petitioner submits that the election of the 4^th respondent as member of the 3^rd respondent Panchayat stands set aside by Exhibit P1 judgment of the Munsiff- Magistrate Court, Ponnani dated 14.1.2022. It is contended that by operation of Section 107 of the Kerala Panchayat Raj Act, the effect of the declaration of the election of the 4^th respondent to be void is to take effect as soon as it is pronounced by the court and that therefore the 4^th respondent has no manner of right or authority to continue to be the Vice President of the Panchayat and the Chairman of the Standing Committee for Finance. It is submitted that in A.S.No.5/2022, the Additional District Court, Manjeri has only permitted the 4^th respondent to discharge functions as a Member of the Panchayat with a condition that he will not have any voting right and that he shall not collect any remuneration for the sitting of the Panchayat meetings or any of its Committees till the disposal of the I.A. on merits. It is contended that the interim order of stay was challenged before this Court in O.P.(C).No.182 of 2022 by the 4^th respondent, but the same was dismissed. However, it is contended that in the light of the clear provisions of Sections 107 and 153 of the Panchayat Raj Act, the 4^th respondent would have no power whatsoever to continue as Vice President or as Chairman of a Standing Committee and that t