IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11494 of 2008(R)
1. VINODKUMAR,
... Petitioner
Vs
1. C.P. FAIZAL,
... Respondent
2. KERALA STATE ELECTION COMMISSION,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :26/11/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.11494 of 2008-R
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Dated this the 26th day of November, 2009.
JUDGMENT
“CR”
1.The petitioner is a voter in Ward No.14 of
Koduvally Grama Panchayat. A petition filed by
him before the Kerala State Election Commission
seeking an order that the first respondent is
disqualified stands allowed as per Ext.P1 order.
Today, vide separate judgment, that order has
been confirmed. Petitioner seeks a direction to
the Commission that in view of Ext.P1, the
Commission ought to have further declared that
the first respondent is disqualified and is not
qualified to be chosen in the Panchayat at any
level in view of Sections 29(f) and 34(1)(n) of
the Kerala Panchayat Raj Act, 1994.
2.Section 29(f) of the Act provides that a person
shall not be qualified for chosen to fill a seat
in a Panchayat at any level unless he has not
WPC11494/08 -: 2 :-
been disqualified under any other provisions of
the Act. The said provision gets automatically
attracted when a member is disqualified in terms
of Section 35(1) of the Act. The incurring of the
disqualification under Section 35(1)(q) is
automatic because, Section 35(1) opens by saying
that a member shall cease to hold office as such,
if he has failed to file declaration of his
assets within the time limit prescribed under
Section 159. Section 34(1)(n) states that a
person shall be disqualified for being chosen as
and for being a member of a Panchayat at any
level, if he is disqualified under any other
provision of the Act. Section 36(1) provides for
filing a petition before the State Election
Commission for decision on a question as to
whether a member has become disqualified under
Section 35 except clause (n) thereof. The
provision in sub-section 2 of Section 36
empowering the Commission to pass an interim
order as to whether a member may continue in
office or not till a decision is taken on the
WPC11494/08 -: 3 :-
petition filed under Section 36(1), abundantly
enforces the conclusion that the effect of
disqualification under Section 35(1)(q) is
automatic. This is why Section 35 or 36 does not,
in any manner, make the disqualification
conditional on any declaration or direction by
the Commission.
For the aforesaid reasons, the consideration of
Ext.P2 petition by the Commission is unnecessary
because, the law takes its course and the
statutory conclusions referable to Section 29(f)
and 34(1)(n) are automatic and run along with the
incurring of the disqualification under Section
35(1)(q). The first respondent would, therefore,
stand disqualified in terms of Sections 29(f) and
35(1)(n) also. It is so declared. The writ
petition is ordered accordingly.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/2511