John John @ Onachan vs State Election Commission on 14 September, 2010
17. Learned counsel for the respondents has brought to
my notice a Division Bench judgment of this Court in 'Krishna
Kumar v. Kerala State Election Commission' [2010 (4)
KLT 84] wherein disqualification contained in Sec.35(1)(k) of
the Kerala Panchayat Raj Act, 1994 was considered and held
that the disqualification prescribed thereunder is only for the
W.P.(C).No.30749 of 2010 11
rest of the term and is not a permanent feature. But, so far
as the facts of this case is concerned, by a reading of Sec.34
(1)(a) and (b)(i) of the Kerala Panchayat Raj Act r/w Sec.8(3)
of the Representation of the People Act, the disqualification
prescribed to a candidate contesting election under the
Panchayat Raj Act is definite and clear which in effect
prevented the 2nd respondent from passing a life ban on a
candidate from contesting any election. In that circumstances
the declaration generally sought for by the petitioner assumes
importance and is perfectly justified.