The Kerala High Court has observed that the election of president and vice-president of a panchayat can be challenged before an election tribunal only by a member of the panchayat committee concerned.
The court, while disposing of a case relating to the election of the president of the Nedumkunnam grama panchayat in Kottayam, said that the petition contesting the election of a member to the post of president or vice- president can be submitted only by a member of the panchayat committee before the notified election tribunal (Munsiff Court concerned). The remedy as per Sec.153(14) of the Kerala Panchayat Raj Act can be availed of only by the elected member of the panchayat committee.
The petitioner, Thomas K. Peelianickal, had challenged the election to the post of the president of the panchayat.
Counsel for the State Election Commission pointed out that that provisions in the Kerala Panchayat Raj (Election of President and Vice-President) Rules as well as the Kerala Panchayat Raj Act had laid down that election to the offices of president and vice-president could be challenged only by a member of the panchayat concerned by filing an election petition before the notified election tribunal.
The petitioner being only a voter of the panchayat and not an elected member did not have the locus standi to file an election petition, the counsel submitted.
