Koshy, J. 1. Appellant / petitioner is challenging the order of the Election Commission disqualifying him under Section 33 of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act'). Section 33 provides that accounts of the election should be submitted within the time prescribed and on failure to do so one can be disqualified and the name of such person disqualified should be published by the Election Commission in the Gazette and once he is disqualified he cannot contest the election for another five years. Section 86 of the Act provides that accounts of election should be submitted within 30 days from the date of declaration of result and rules 57 to 59 of the Kerala Panchayat Raj (Conduct of Election Rules) give detailed procedure regarding submission of accounts and procedure to be followed by the Election Commission after submission of the accounts. Rule 59 (5) provides that if accounts are not submitted as per Section 33, a show cause notice should be given to him and, in fact, as per Sub-rule (6) of rule 59 there is a further opportunity for submission of accounts. In this case, according to the Election Commission, notice was issued when no accounts were submitted. No reply was given and, therefore, name of the petitioner was published in the Gazette on 4-11-1998 disqualifying him from contesting the election for six years.
2. It is the contention of the petitioner that no notice was issued to the petitioner and, therefore, there is violation of the principles of natural justice. It is also submitted that petitioner knew about the matter only when his name was published in the Panchayat and he may be given sufficient opportunity to contest the matter and allowed to submit his nomination. It is also submitted by the petitioner that he has submitted the accounts. The learned single Judge dismissed the original petition on the ground that no evidence was produced to prove the contentions of the petitioner. Petitioner is an advocate and not an illiterate person. Even now, no proof at all is produced to show that he has submitted the accounts in time.
3. With regard to the submission that he did not receive the show cause notice, it can be seen that his name was published in the Official Gazette dated 4-11-1998. He did not file any objection or challenged that matter. Therefore, on that ground also, petitioner's submission cannot be accepted. Apart from the above, election notification was already issued on 25-8-2000 and, therefore, no interference can be made by this court especially regarding submission of nomination etc. It is within the purview of the Election Commission and the Returning Officer. We see no ground in the writ appeal and the writ 'appeal is dismissed.