State election commission directed to reconsider revocation of resignation: Kerala HC
Title: DEEKSHITH V.R v STATE OF KERALA
Citation: WP(C) NO. 42965 OF 2023
Dated on: 29.1.2024
Corum: THE HON’BLE JUSTICE P.V. KUNHIKRISHNAN, J
Facts of the case
The petitioner, a member of the Mogar Caste of Hinduism running for a seat reserved for Scheduled Caste candidates, got involved in a controversy about his withdrawal. Alleging compulsion and deception, the petitioner stated that on October 12, 2023, his signature was obtained on a piece of paper that, unknowing to him, was a resignation letter. Despite his lack of skill in Malayalam, the language in which the letter was written, he tendered his resignation to the Secretary of Mogral Puthur Grama Panchayat. The petitioner then submitted a thorough representation with the State Election Commission, questioning the validity of the resignation.
Legal provision
As per the present case, Sec.155(3) of the Act, 1994, If any dispute regarding any resignation arises, it shall be referred to the State Election Commission for decision and its decision thereon shall be final was argued by the respondents. But the petitioner contends that when an Election Commission considers an application under Sec. 155 of the Act, 1994 r/w Rule 5 of the Rules, they are to be fair and transparent which was not followed in the present case.
Court analysis and judgement
The High court of Kerala overturned the State Election Commission’s decision to reject the petitioner’s application, ordering the commission to reexamine the case and allow the petitioner to cross-examine the Panchayat Secretary, who accepted his resignation letter. The court ruled that the State Election Commission should follow a transparent procedure that takes into account natural justice principles when deciding disputes involving the resignation of panchayat members, and that the petitioner should be given an opportunity to rebut the Secretary’s statement.
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Written by- Namitha Ramesh