High Court of KeralaWP(C)/25490/2015disposed of

M.S.Anil v. State Election Commission

2015-09-183 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 25490 of 2015 (I) ---------------------------------------- PETITIONER:

-------------------------- M.S.ANIL, AGED 52 YEARS S/O.SREEDHARAN, 'ABHAYAM', MARAYAMUTTOM P.O NEYYATTINKARA, THIRUVANANTHAPURAM 695 124.

BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL) SRI.P.B.KRISHNAN RESPONDENTS:

----------------------------

1. STATE ELECTION COMMISSION KERALA, REPRESENTED BY ITS SECRETARY CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM THIRUVANANTHAPURAM 695 033.

2. THE SECRETARY PERUMKADAVILA GRAMA PANCHAYAT, PERUMKADAVILA, 695 124.

R1 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMMISSION R2 BY ADV. SRI.R.GOPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25490 of 2015 (I) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE COMPLAINT FILED BEFORE THE DEPUTY DIRECTOR DATED 21.7.14.

EXHIBIT P2. COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.7.15.

EXHIBIT P3. COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO EXT.P2 NOTICE DATED 14.8.15.

EXHIBIT P4. COPY OF THE LETTE SENT BY THE PETITONER EXHIBIT P5. COPY OF THE NOTICE IN CONNECTION WITH THE INAUGURATION KARSHIKA VIPANANKENDRAM EXHIBIT P6. COPY OF FLEX BOARD EXHIBIT P7. COPY OF THE INAUGURATION STONE EXHIBIT P8. COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE STATE ELECTION COMMISSION EXHIBIT P9. COPY OF THE LAWYER NOTICE SENT ON BEHALF OF THE PETITIONER TO RESPONDENT NO. 2 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 25490 OF 2015 ---------------------------------------- Dated this the 18th day of September, 2015

JUDGMENT

Ext.P2 notice intimating the petitioner of his disqualification from being a member of the second respondent Panchayat has been challenged in Ext. P8 petition in terms of Section 36 of the Kerala Panchayath Raj Act.

The petition is pending with the first respondent before whom the petitioner can make appropriate plea for interim arrangement. The interim order dated 19.08.2015 already passed in this writ petition would continue to be in force for a period of two months.

The petitioner has a complaint that he is not being served with notices prior to the convening of meetings. It is upto the petitioner to bring this fact to the notice of the first respondent before whom Ext. P8 petition is pending. The writ petition is disposed of. No costs.

V. CHITAMBARESH JUDGE