S. Krishnakumari vs Vallikunnam Grama Panchayath on 23 November, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28828 of 2006(F)


1. S. KRISHNAKUMARI,
                      ...  Petitioner

                        Vs



1. VALLIKUNNAM GRAMA PANCHAYATH,
                       ...       Respondent

2. THE RETURNING OFFICER,

3. THE PRESIDENT,

4. THE DISTRICT COLLECTOR, ALAPPUZHA.

5. THE DISTRICT CO-ORDINATOR,

6. THE COMMUNITY DEVELOPMENT SOCIETY(CDS),

7. INDIRA,

                For Petitioner  :SRI.RASHEED C.NOORANAD

                For Respondent  :SRI.K.HARILAL

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :23/11/2006

 O R D E R
                         PIUS C.KURIAKOSE, J.

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

                     W.P.(C)NO.28828   of    2006

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

            Dated this   23rd day of   November, 2006





                                JUDGMENT

Sri.K. Harilal, the learned counsel appearing for the

respondents 1 and 3 submits that in view of the apparent

irregularities, which have been highlighted in the matter of

election to the post of Chairperson and Committee members of

the Kudumbasree Community Development Society in

Vallikunnam Grama Panchayat, the first respondent is prepared

to conduct fresh election. I also notice that the 7th respondent,

who was elected as Chairperson in the election, has not chosen

to enter appearance. Thus the averments in the writ petition

stand established by non traverse.

2. Heard the learned Government Pleader also. He

submits that 4th and 5h respondents will not stand in the way of

this court directing fresh election in view of the stand taken by

the first respondent. Under these circumstances, this writ

WPC No.28828/2006 2

petition will stand allowed and the following directions will be

passed:

i). The 5th respondent will not permit the 7th respondent

and the Committee members elected in the impugned election to

take over charge of the Kudumbasree Community Development

Society in Vallikunnam Grama Panchayat.

ii). The first respondent will ensure that fresh election is

conducted at the earliest and at any rate within six weeks of

receiving a copy of this judgment.

iii). It is needless to mention that the conduct of fresh

election shall be in accordance with law, Bye laws (Ext.P2) and

Ext.P3 rules.

PIUS C.KURIAKOSE

Judge

dpk