IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO.21227 OF 2022
PETITIONERS :-
1 JULIE K VARGHESE,
KAKKAMPARAMPIL HOUSE, VELLARA, VENNIKULAM P O.
PATHANATHITTA DISTRICT, PIN - 689 544.
2 VINEETH KUMAR,
SEEMA NIVAS (THANNICKAL), PADUTHODU,
NARAKATHANI P.O., MALLAPPALLY THALUK,
PATHANAMTHITTA DISTRICT, PIN - 689 544.
3 JOLLY JOHN,
KUNNAMPALLIL HOUSE, KAVUMGUMPRAYAR P.O,
PATHANATHITTA DISTRICT, PIN - 689 543.
4 RINCY THOMAS,
PEEDIKAMALAYIL, NARAKATHANI P.O, VENNIKULAM,
MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 544.
5 RESHMIMOL K V,
KACHUKUZHY MEPRATHU, VENNIKULAM P.O.,
MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 544.
6 K K NARAYANAN,
KATTACHIRA HOUSE, PURAMATTAM P O,
PATHANATHITTA DISTRICT, PIN - 689 543.
7 SAUMYA VIJAYAN,
VADAKKETTATHU HOUSE, PADUTHODU P.O, VENNIKULAM,
MALLAPPALLY THALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 544.
BY ADV VARUGHESE M EASO
RESPONDENTS :-
1 STATE ELECTION COMMISSION, KERALA,
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033.
WP(C) NO.21227 OF 2022
-: 2 :-
2 SECRETARY,
KOIPURAM BLOCK PANCHAYAT, PULLADU P.O,
PATHANAMTHITTA DISTRICT, PIN- 689 548.
3 THE SECRETARY,
PURAMATTAM GRAMA PANCHAYAT,
PURAMATTAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
4 SOSAMMA THOMAS,
PULIMOOTTIL HOUSE, PURAMATTAM P.O.,
PURAMATTAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
5 RACHEL BOBAN,
MOOLAMANNIL HOUSE, PURAMATTAM P O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 543.
6 SABU BEHANAN,
VALIYANJIKKAL HOUSE, PATTAKKALA, VENNIKULAM
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 544.
7 SHIJU P KURUVILA,
PEROOR HOUSE, PURAMATTAM P O.,
PURAMATTAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
8 MOHANDAS K O,
KOCHOLICKAL HOUSE, PURAMATTAM P O.,
PURAMATTAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
9 ROSHNI BIJU,
MALETH HOUSE, MUNDAMALA P.O, PURAMATTAM,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 543.
10 AJITH PRASAD,
KADAMALA, PURAMATTAM P O., PURAMATTAM,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 543.
11 T S MANMADHAN,
THYKKLAYIL HOUSE, VATTAKKOTTAL, KUMBANADU P O.
12 SHOBHIKA VIJAYAN,
VALIYAPARAMPIL, GALAXY NAGAR,
PURAMATTAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
WP(C) NO.21227 OF 2022
-: 3 :-
13 MAYA VARIKKAPPALLIL,
VARIKKAPPALLIL HOUSE, PURAMATTAM P.O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689 543.
14 SOSAMMA JOSEPH,
THOPPIL HOUSE, PURAMATTAM P O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 543.
15 THE STATION HOUSE OFFICER,
KOIPURAM POLICE STATION, PULLADU P O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689 547.
16 THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA, SP OFFICE, PATHANANTHITTA P O,
PATHANAMTHITTA.
ADDL.17 THE RETURNING OFFICER FOR PURAMATTAM GRAMA
PANCHAYAT, ASSISTANT DIRECTOR OF AGRICULTURE,
OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE,
PULLADU P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 689 547
IS IMPLEADED VIDE ORDER DTD.20.7.2022 IN I.A.4/2022
IN WP(C)21227/2022.
BY ADVS.
SRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21227 OF 2022
-: 4 :-
JUDGMENT
Dated this the 27th day of July, 2022 This writ petition is filed in connection with the conduct of an election to the post of Vice President of the Puramattam Grama Panchayat.
2. It is submitted by the learned counsel for the petitioners that a no confidence motion had been moved and the consequent election of Vice President was also conducted on 7.7.2022. It is submitted that the election went off without incident only because of the orders of this Court and the consequent protection granted by the police. It is, therefore, contended that the orders of protection granted should continue.
3. The Learned Government Pleader submits that two crimes have been registered with regard to the occurrences on 22.6.2022 and that appropriate follow up actions are being taken in that regard.
4. In view of the fact that the writ petition had been filed specifically in view of the election to the post of Vice President of the Grama Panchayat, which was due to be conducted on 7.7.2022, I am of the opinion that the substantial prayers have now become infructuous.
WP(C) NO.21227 OF 2022 -: 5 :- The writ petition is, therefore, closed. However, in case of any further overt acts by any of the party respondents or anybody claiming through them, the petitioners may inform the Station House Officer, who shall see that law and order is maintained in the locality.
Sd/-
ANU SIVARAMAN JUDGE Jvt/27.7.2022 WP(C) NO.21227 OF 2022 -: 6 :- APPENDIX OF WP(C) 21227/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 21.01.2021 IN WPC NO.15869 OF 2020.
Exhibit P2 TRUE COPY OF THE MALAYALA MANAROMA DAILY NEWS REPORT DATED 24/06/2022.
Exhibit P2(a) TRUE COPY OF THE MALAYALA MANAROMA DAILY NEWS REPORT DATED 25/06/2022.
Exhibit P3 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 0596/ 2022 OF KOIPURAM POLICE STATION.
Exhibit P4 TRUE COPY OF THE NOTICE NO A1 1301 / 2022 DATED 23/06/2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE APPLICATION DATED 27/06/2022 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 16TH RESPONDENT ALONG WITH ACKNOWLEDGEMENT RECEIPT DATED 27/06/2022.
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 27/06/2022 SUBMITTED BY THE PETITIONERS 1 TO 6 BEFORE THE 16TH RESPONDENT ALONG WITH ACKNOWLEDGEMENT RECEIPT DATED 27/06/2022.
Exhibit P7 TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 31/12/2019 IN WP(C)No.35856 OF 2019. Exhibit P8 TRUE COPY OF THE NOTICE DATED 15/07/2022 ISSUED BY THE RETURNING OFFICER UNDER THE 1ST RESPONDENT TO THE PETITIONERS.
Exhibit P9 TRUE COPY OF THE APPLICATION DATED 18/07/2022 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 16TH RESPONDENT ALONG WITH ACKNOWLEDGEMENT RECEIPT DATED 18/07/2022.
Exhibit P10 TRUE COPY OF THE APPLICATION DATED 18/07/2022 SUBMITTED BY THE PETITIONERS 1 TO 6 BEFORE THE 16TH RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT WP(C) NO.21227 OF 2022 -: 7 :- RECEIPT DATED 18/07/2022 Exhibit P11 TRUE COPY OF THE EMAIL SENT BY THE 2ND PETITIONER TO THE 1ST RESPONDENT. Exhibit P12 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 7TH PETITIONER BEFORE THE 17TH RESPONDENT ALONG WITH THE RECEIPT No.628/DP/KPRM/2022 DATED 18/07/2022.
RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER OF THE PURAMATTAM GRAMA PANCHAYATH SHOWING THE RELATIONSHIP OF THE 7TH PETITIONER WITH REGISTERED POLITICAL PARTY Exhibit R4(B) TRUE COPY OF THE RELEVANT PAGE OF THE REGISTER OF THE PURAMATTAM GRAMA PANCHAYATH SHOWING THE RELATIONSHIP OF THE 5TH RESPONDENT WITH REGISTERED POLITICAL PARTY Exhibit R4(C) TRUE COPY OF THE UNDERTAKING DATED 30/12/2020 GIVEN BY THE 7TH PETITIONER Exhibit R4(D) TRUE COPY OF THE WHIP NO. A 78/2022 DATED 20/06/2022 ISSUED BY THE COMMUNIST PARTY OF INDIA (MARXIST) TO THE 7TH PETITIONER Exhibit R4(E) TRUE COPY OF THE NOTICE DATED 20/06/2022 ISSUED TO THE 2ND RESPONDENT SECRETARY INTIMATING ABOUT THE ISSUE OF PARTY WHIP TO THE MEMBERS TO VOTE IN FAVOUR OF THE NO CONFIDENCE MOTION AGAINST THE 7TH PETITIONER Exhibit R1(a) THE PHOTOCOPY OF THE LETTER No.A1-1301/2022 DATED 01-07-2022 OF THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT.
Exhibit R1(b) THE PHOTOCOPY OF THE LETTER No.A1-1301/2022 DATED 28-07-2022 OF THE 2ND RESPONDENT ADDRESSED TO THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA.
Exhibit R1(c) THE PHOTOCOPY OF THE LETTER No.A1-1301/2022 DATED 28-07-2022 OF THE 2ND RESPONDENT WP(C) NO.21227 OF 2022 -: 8 :- ADDRESSED TO THE 15TH RESPONDENT. Exhibit R1(d) THE PHOTOCOPY OF THE REPRESENTATION DATED NIL SUBMITTED BY PETITIONERS 1 TO 6 BEFORE THE 1ST RESPONDENT.
Exhibit R1(e) THE PHOTOCOPY OF THE LETTER No.B1/155/2022-SEC DATED 01-07-2022 OF THE 1ST RESPONDENT ADDRESSED TO THE DISTRICT ELECTION OFFICER & DISTRICT COLLECTOR, PATHANAMTHITTA. Exhibit R1(f) THE PHOTOCOPY OF REPRESENTATION DATED 27-06-
2022 SUBMITTED BY THE 7TH PETITIONER BEFORE THE DISTRICT ELECTION OFFICER & DISTRICT COLLECTOR, PATHANAMTHITTA.
Exhibit R1(g) THE PHOTOCOPY OF LETTER No.E2.214666/2019 DATED 28-06-2022 OF THE DISTRICT ELECTION OFFICER & DISTRICT COLLECTOR, PATHANAMTHITTA ADDRESSED TO THE 16TH RESPONDENT.