IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19550 of 2008(B)
1. V.ABDULLAKUTTY,
... Petitioner
Vs
1. ONGALLUR GRAMA PANCHAYAT, REPRESENTED
... Respondent
2. THE PRESIDENT, ONGALLUR GRAMA PANCHAYAT,
3. P.A. MOHAMMED @ KUNJIMON,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.MANU TOM
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/07/2008
O R D E R
ANTONY DOMINIC, J.
= = = = = = = = = = = = = = = = =
= =W.P.(C) = = = = = = = = = = = =
No. 19550 OF 2008 B
= = =
Dated this the 17th day of July 2008
J U D G M E N T
Ext. P4 is under challenge. Ext. P4 is a notice issued by the
Secretary of the Panchayat convening a meeting for consideration of
a motion for disqualifying the petitioner. Though several
contentions are raised, it is the admitted position that in view of the
order dated 8.4.2005 issued by the State Election Commission, only
the Secretary of the Block Panchayat can accept and issue notice in
the nature of Ext. P4. In view of that reason, Ext. P4 issued by the
Secretary of the respondent Grama Panchayat has to be held as one
without jurisdiction. Accordingly, Ext. P4 will stand quashed on that
ground and the writ petition is disposed of accordingly.
2. It is made clear that the contentions of both parties are left
open and this judgment will not stand in the way of the 3rd
respondent or anybody else exercising their rights under the Kerala
Panchayat Raj Act and the Rules for moving a no confidence motion
afresh.
ANTONY DOMINIC
JUDGE
jan/-