The petitioner who is an elected member of the first respondent panchayat from ward No.6 filed this writ petition seeking quashment of Ext.P3 and for a declaration that the election of the fifth respondent as the Chairman to the Welfare Standing committee of the third respondent panchayat by the second respondent Returning Officer in the meeting held on 3.4.2014 is per se illegal and violative of the mandatory procedures under the Kerala Panchayat Raj (Standing Committee) Rules 2000 (for short the 'Rules') and Ext.P2 guidelines issued by the first respondent. When this matter came up for admission on 8.4.2014, this Court admitted the matter and issued notice to respondents 2 to 5. The learned standing counsel took notice for the first respondent. Pursuant to the receipt of notice Sri.A.H.Najmal appeared for respondents 3 and 4. However, the fifth respondent has not chosen to enter appearance and resist the case.
2. I have heard the learned counsel for the petitioner, the learned standing counsel for first respondent and the learned counsel for respondents 3 and 4. Essentially, the petitioner seeks quashment of Ext.P3 contending that election to the post of Chairman to the Welfare Standing Committee was conducted without filling up the casual vacancies in the said standing committee. The respondents would admit the fact that going by the relevant provisions under the Rules, election to the post of Chairman of a Standing Committee could not and should not have been effected without filling up the casual vacancies in the concerned committee. In this case, it is admitted that the impugned election was conducted prior to the filling up of the casual vacancies in the Welfare Standing Committee. In such circumstances, in view of the clear violation of the mandatory provisions and also taking into account the fact that Ext.P1 notice was issued for the precise purpose to conduct election without filling the casual vacancies in the Welfare Standing Committee, I have no hesitation to hold that the conduct of election to the post of Chairman before the filling up the casual vacancies in the Welfare Standing Committee is illegal and therefore, it is liable to be interfered with. In such circumstances, Ext.P3 is set aside. It is submitted by the learned counsel on both sides that subsequently, casual vacancies in the Welfare Standing Committee in the third respondent panchayat have been filed up. In such circumstances, it will be open to respondents 1 and 2 to take appropriate action for conducting election to the post of Chairman to the Welfare Standing Committee of the third respondent panchayat, in accordance with law.
The writ petition is disposed of accordingly.
Sd/-
C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010