Judgment :- Cyriac Joseph, Ag.C.J. 1. The petitioner Shaila Teacher is a Councillor of the Alappuzha Municipal Council, Ms. Shanimol Usman, the Chairperson of the said Municipal Council resigned on 20-9-2002. The Kerala State Election Commission has issued Ext. P11 order directing the Returning Officer, Alappuzha Municipality to conduct election to the office of the Chairperson on 17-10-2002. On the basis of Ext.P11,the Returning Officer has issued Ext.P10 election notice on 4/7.10.2002 notifying that the electiuon of the Chairperson will be held on 17-10-2002 T 10.30 a.m. The petitioner has filed this Writ Petition praying for a direction to respondents 1 to 3 and 5 to postpone the election to fill up the causal vacancy of Chairperson by a few weeks. She has also prayed for direction to respondents 1 to 3 and 5 not to hold the election to fill up the causal vacancy of Chairperson till the dispute regarding illegal acceptance of 4th respondent’s resignation is resolved in the pending Original Petition, as the majority to rule the Municipality depends on it. 2. The 4th respondent Ms Zeenath Nazar was a Councillor from Ward No. 37 of the Alappuzha Municipality. On 29-6-2002 she submitted a resignation letter (Ext. P2) to the Secretary of the Alappuzha Municipality. In Ext. P2 the 4th respondent stated that she was resigning as Councillor with effect from 29-6-2002. It is stated that, on 29-6-2002 itself, the 4th respondent submitted Ext.P3 letter to the Secretary of the Alappuzha Municipality stating that Ext.P2 resignation letter was given by her under threat and coercion and due to mental tension and that she was objecting to the bringing into force of the resignation under Sec. 40(3) of the Kerala Municipality Act. The 4th respondent also requested that the dispute relating to the resignation may be referred to the State Election Commission. Accordingly, the Secretary of the Municipality referred the dispute to the State Election Commission. After hearing the parties the State Election Commission. After hearing the parties the State Election Commission passed Ext. P7 order holding that the resignation of Ms. Zeenath Nazar (4th respondent herein) took effect at about 11 a.m. on 29-6-2002 and that she ceased to be a councilor of Ward No. 37 of Alappuzha Municipality from 11 a.m. on 29-6-2002. Challenging the said order of the State Election Commission, the said Zeebnath Nazar filed O.P. No.24375/2002. P7 order holding that the resignation of Ms. Zeenath Nazar (4th respondent herein) took effect at about 11 a.m. on 29-6-2002 and that she ceased to be a councilor of Ward No. 37 of Alappuzha Municipality from 11 a.m. on 29-6-2002. Challenging the said order of the State Election Commission, the said Zeebnath Nazar filed O.P. No.24375/2002. Along with the Original petition, C.M.P. No. 41275/2002 also was filed praying for stay of operation of the order of the State Election Commission and for allowing the petitioner to continue as Councillor or Ward 37 of Alappuzha Municipality pending disposal of the Original petition. A learned Single Judge of this court, on 28-8-2002, passed an order in the said C.M.P. directing that there shall not be any proceedings for election to Ward No. 37 of the second respondent Municipality without obtaining orders from the court. Similarly, the prayer for allowing the petitioner to continue as Councillor of Ward No. 37 of Alappuzha Municipality also was not granted by the court. The only relief granted in C.M.P. no. 41275/2002 was the directing not to hold any election of Councillor form Ward No. 37 without obtaining orders from the court. 3. At the best, the petitioner in this Original petition can only say that the resignation of the 4th respondent as Councillor from Ward No. 37 is pending in dispute in O.P.No. 24375/2002, because the prayer for stay of the order of the State Election Commission and the prayer for allowing the 4th respondent still continues to be a Councillor of Ward No. 37 were not granted by the learned Single Judge in C.M.P.No. 41275/2002 in O.P.24375/2002. It cannot be said that the 4th respondent still continues to be a Councillor or that a vacancy does not exist in Ward No. 37 of the Alappuzha Municipality. At present this court can proceed only on the basis that the 4th respondent has resigned as Councillor and a vacancy has arisen in Ward No. 37. 4. The existence of a vacancy of Councillor in the Municipal Council is not a bar for the election of the Chairperson of the Municipal Council. At present this court can proceed only on the basis that the 4th respondent has resigned as Councillor and a vacancy has arisen in Ward No. 37. 4. The existence of a vacancy of Councillor in the Municipal Council is not a bar for the election of the Chairperson of the Municipal Council. As per Sec. 12 (6A) of the Kerala Municipalities Act, the validity of election of the Chairperson or Deputy Chaieperson shall not be called in question on the ground of any vacancy pf the office pf the Councillors or the absence of any of the Councillors in the election meeting. The effect of Sec. 12(6A) is that the existence of any vacancy of Concillor is not a ground for postponing or for not holding the election of the Chairperson or Deputy Chairperson. Therefore, the vacancy of Councillor caused by the resignation of the 4th respondent or the pendency of a dispute relating to the said resignation in O.P.No. 24375/2002 cannot be a ground for postponing the election of the Chairperson consequent on the resignation of the previous Chairperson on 20-9-2002. 5. Mr. Abraham Vakkanal, learned counsel for the petitioner submits that there is no justification for the undue haste in holding the election of the Chairperson on 17-10- 2002. We are not able to see any undue haste in holding the election of the Chairperson on 17-10-2002. As per Sec.12(8) of the Kerala Municipalities Act, any causal vacancy in the office of the Chairperson or Deputy Chairperson of a Municipality shall be reported by the Secretary to the State Election Commission, in such manner as may be prescribed, and the State Election Commission shall, in accordance with the provisions of the Act, take steps for the election of a chairperson or Deputy Chairperson, as the case may be. As per Rule 3 of the Kerala Municipalities (Election of Chairperson) Rules, 1995, the Secretary of the Municipality shall report to the State Election Commission, every casual vacancy occurring in the place of Chairperson or Deputy Chairperson of a Municipality within one week of the occurrence of such vacancy. As per Rule 3 of the Kerala Municipalities (Election of Chairperson) Rules, 1995, the Secretary of the Municipality shall report to the State Election Commission, every casual vacancy occurring in the place of Chairperson or Deputy Chairperson of a Municipality within one week of the occurrence of such vacancy. As per Rule 4(3) of the said Rules, in the case of a casual vacancy in the place of Chairperson or Deputy Chairperson, a meeting of the elected Councillors of the Municipality shall be specially convened of the purpose of electing Chairperson/Deputy Chairperson, as soon as may be after the occurrence of a vacancy, on such day as may be decided by the State Election Commission. In the light of the above provisions in the Act and the Rules, we hold that the first respondent Kerala State Election Commission and the 5th respondent Returning Officer have only discharged their statutory duties by issuing Exts. P11 and P10 notices. 6. Learned counsel for the petitioner further submits that if the election of the Chairperson is held before resolving the dispute relating to resignation of the 4th respondent, the 4th respondent will lose her valuable right to participate and vote in the election of the chairperson. Even assuming (and not holding) that the 4th respondent has any such right and that such right is likely to be affected, it is for the 4th respondent to raise the grievance. The petitioner herein has no locus-standi to raise the said grievance. 7. In the above circumstances, there is no merit in the Original Petition. The Original Petition is dismissed.