A.Basheer vs The Kerala State Election ...
2021 Latest Caselaw 17658 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                         WP(C) NO. 17382 OF 2021
PETITIONER:

              A.BASHEER
              AGED 46 YEARS
              S/O APPAKKUTTY, CHITTAR.P.O,
              PATHANAMTHITTA-689663.

              BY ADV K.SEENA



RESPONDENTS:

     1        THE KERALA STATE ELECTION COMMISSION
              REPRESENTED BY ITS SECRETARY,
              VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.

     2        SAJI VARGHESE,
              KULATHUNGAL HOUSE, CHITTAR.P.O, PATHANAMTHITTA-689663.

              BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
              COMMISSION, KERALA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17382 OF 2021
                                2

                          JUDGMENT

The petitioner, an elected member of Ward No.4 of

Chittar Grama Panchayat has filed an Original Petition before

the Kerala State Election Commission seeking to disqualify the

2nd respondent under the provisions of the Kerala Local

Authorities (Prohibition of Defection) Act, 1999. This writ

petition has been filed seeking to command the 1 st respondent-

State Election Commission to hear and pass orders on Ext.P2

Original Petition within a time frame fixed by this Court.

2. The learned Standing Counsel for the 1st respondent

filed a statement. On instructions, the learned Standing

Counsel submits that the proceedings in Ext.P2 are on and

there happened to be a slight delay due to COVID-19

pandemic. However, the Commission has now resumed

physical sitting/hearing with effect from 14.07.2021 and the

case stands posted to 03.09.2021. It is submitted that Ext.P2

petition will also be considered in accordance with priority and

seniority of cases pending before the Commission and Ext.P2 WP(C) NO. 17382 OF 2021

will be disposed of in accordance with law.

In view of the submission made by the learned Standing

Counsel for the 1st respondent, the writ petition is disposed of

recording the submission and directing the Election

Commission to dispose of Ext.P2 Original Petition as

expeditiously as possible.

Sd/-

ANU SIVARAMAN JUDGE

Bng/27.08.2021 WP(C) NO. 17382 OF 2021

APPENDIX OF WP(C) 17382/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE WHIP ISSUED BY THE PRESIDENT OF THE DISTRICT CONGRESS COMMITTEE DATED 29-12-2020

Exhibit P2 TRUE COPY OF THE OP NO.15/2021 ON THE FILE OF THE 1ST RESPONDENT.