The petitioner, who is the former Vice Chairperson of Community Development Society (CDS) in Munnar Grama Panchayat and also a member of the committee, has filed this Writ Petition challenging CDS by-election in Munnar Grama Panchayat, which was scheduled to be held on 10/12/2008; seeking implementation of the CDS Election Rules before conducting any CDS election in Munnar Grama Panchayat; and for other consequential reliefs. 2. According to the petitioner, there are 235 Kudumbasrees - Ayalkoottoms in Munnar Grama Panchayat. The second respondent is the authority competent to appoint Electoral Officers of Kudumbasrees, Area Development Society (ADS) and CDS. The elected members of Kudumbasree elect President and other members of ADS. Then the elected members of ADS elect Chairperson and other members of CDS. In order to show that there are 21 Wards and 235 Kudumbasrees in Munnar Grama Panchayat, the petitioner has produced Ext.P1 list. According to the petitioner, out of 235 Kudumbasrees in Munnar Grama Panchayat election was conducted only in 103 Kudumbasrees. When the second respondent scheduled CDS election in Munnar Grama Panchayat on 30/11/2008, the petitioner and the other elected members submitted Ext.P2 representation before the Returning Officer appointed by the second respondent alleging that the CDS voters list is yet to be prepared and that the election process is not completed in respect of all 235 Kudumpasrees in the Panchayat. Without considering the said representation, the second respondent decided to conduct the CDS election and to elect the Chairperson and other members of the CDS. Due to protest from the members, CDS election in the Panchayat has to be postponed. In such circumstances, the petitioner and others submitted Exhibit P3 representation before the second respondent, which was followed by Ext.P4 appeal before the fourth respondent who was the returning officer. According to the petitioner, without considering the grievance highlighted in Exts.P2, P3 and P4, the second and third respondents declared CDS election in Munnar Grama Panchayat on 10/12/2008. In such circumstances, the petitioner has approached this Court in this Writ Petition seeking various reliefs.
3. By order dated 15/12/2008 this Court ordered that, if, as submitted by the learned counsel for the petitioner, no election took place on 10/12/2008 and a fresh date of election has not been fixed yet, the election date to be fixed shall be only after disposing the appeal filed by the petitioner.
4. A counter affidavit has been filed on behalf the first respondent contending that, the election proposed on 30/11/2008 could not be held due to the violent protest from some of the members and therefore it was postponed. In paragraph 2 (a) of the counter affidavit the first respondent has stated that the process for conducting the election was done strictly in accordance with the guidelines prescribed by the Government for conducting CDS election. The final lists of Neighbourhood Groups (Ayalkoottoms) eligible to participate in the election was notified on 15/11/2008 and the petitioner did not raise any complaint regarding the said list before the Returning Officer. In accordance with Rule 19(1) of the CDS Election Rules, complaints regarding the CDS election has to be filed before the District Election Officer within a period of 5 days from the date of completion of the election and an appeal against the decision of the District Election Officer has to be filed before the District Collector within a period of 5 days from the date of decision of the District Election Officer. Though Exts.P3 and P4 filed by the petitioner were not in terms of the above statutory requirements, as directed by this Court, the District Election Officer disposed of the applications submitted by the petitioner in December, 2008 and the same was communicated to the petitioner vide Ext.R1(a). Valid reasons have been stated in Ext.R1(a) to reject the representation/appeal submitted by the petitioner. The election of the President and members of the Neighbourhood Group and the election of the members of ADS were conducted in accordance with the guidelines issued by the State. The members of unregistered Neighbourhood Groups have absolutely no authority to participate in the election process as it is the basic requirement to get the Neighbourhood Group registered in order to participate in the election. In the absence of such a registration for the petitioner’s Neighbourhood Group, the petitioner and other members of the said group are not entitled to participate in the process of election and hence he is not entitled for any other relief sought for in this Writ Petition.
5. I have considered the contentions raised by the petitioner in the Writ Petition and also the arguments of the learned Government Pleader appearing for the respondents. The learned Government Pleader on instructions submitted that, as scheduled in Ext.P5 notice issued by the fourth respondent the CDS election in Munnar Grama Panchayat was held on 17/9/2010, even prior to order dated 22/9/2010 of this Court in I.A.No.12728/2010, by which this Court declined to grant the interim relief sought for by the petitioner restraining the 3rd respondent from conducting CDS election in Munnar Grama Panchayat. The learned Government Pleader further submits that the petitioner has not chosen to challenge Ext.R1(a) orders passed in December, 2008.
6. The grievance of the petitioner was that, the second respondent scheduled CDS election in Munnar Grama Panchayat without preparing CDS voters list and even before conducting election in all 235 Kudumbasrees in Munnar Grama Panchayat. Though the petitioner submitted Exts.P3 and P4, without considering the same the election was notified in an arbitrary manner in violation of CDS Election Rules. Going by the counter affidavit filed by the first respondent, though the final lists of Neighbourhood Groups eligible to participate in the election was notified on 15/11/2008, the petitioner did not raise any complaint regarding the said list before the Returning Officer. Though Exts.P3 and P4 filed by the petitioner were not in accordance with CDS Election Rules, the District Election Officer disposed of the same in December, 2008 and the decision was communicated to the petitioner vide Ext.R1(a). Though the counter affidavit of the first respondent was filed on 2/12/2010, the petitioner has not chosen to file any reply affidavit refuting the facts stated in the said counter affidavit. Moreover, the petitioner has not chosen to challenge Ext.R1(a) order. As rightly contended by the respondents, the members of an unregistered Neighbourhood Group have absolutely no legal right to participate in the election process as it is the basic requirement to get the Neighbourhood Group registered in order to participate in the election. In the absence of such a registration for the petitioner’s Neighbourhood Group, the petitioner and other members of the said group are not legally entitled to participate in the process of election. In addition to this, during the pendency of this Writ Petition the CDS election in Munnar Grama Panchayat was held on 17/9/2010, as scheduled in Ext.P5 notice issued by the fourth respondent. In such circumstances, the petitioner is not entitled for any of the reliefs prayed for in this Writ Petition. Hence the Writ Petition is dismissed. No order as to costs.
ANIL K.NARENDRAN, JUDGE skj