Jolly John vs State Election Commission
2021 Latest Caselaw 2367 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                  WP(C).No.15869 OF 2020(G)


PETITIONER:

              JOLLY JOHN, AGED 60 YEARS
              W/O. PHILIP JOHN, KUNNAMPALLIL HOUSE
              KAVUMGUMPRAYAR P.O. PURAMATTAM , MALLAPPALLY
              TLAUK, PATHANAMTHITTA DISTRICT 689 543.

              BY ADVS.
              VARGHESE M.EASO
              SRI.VIVEK VARGHESE P.J.

RESPONDENTS:

     1        STATE ELECTION COMMISSION,
              KERALA,
              REPRESENTED BY ITS SECRETARY, CORPORATION
              OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
              THIRUVANANTHAPURAM, 695 033.

     2        SECRETARY,
              KOIPURAM BLOCK PANCHAYAT, PULLADU P.O.
              PATHANAMTHTITA DISTRICT 689 548.

     3        PURAMATTAM GRAMA PANCHAYATH
              REPRESENTED BY ITS SECRETARY, PURAMTTAM P.O.
              PATHANAMTHITTA DISTRICT 689 543.

     4        SRI. THOMAS JACOB,
              PULIMOOTTIL HOUSE,
              PURAMATTAM P.O. THIRUVALLA 689 543.

     5        SMT. RACHEL BOBAN,
              MOOLAMANNIL HOUSE,
              PURAMATTAM P.O. THIRUVALLA 689 543.
 W.P.(C) No.15869 of 2020          2




        6        SMT. ASHA JAYAPALAN,
                 MACHERI PARAKKAL HOUSE,
                 PURAMATTAM P.O. THIRUVALLA 689 543.

        7        SRI. EAPEN PAUL,
                 KOODATHUM MURIYIL VALANKARA, VENNIKULAM P.O.
                 689 544.

        8        THE RETURNING OFFICER,
                 GI8 PURAMTTAM GRAMA PANCHAYATH, ASSISTANT
                 DIRECTOR OF AGRICULTURE, PULLADU P.O. 689 548,
                 THIRUVALLA, PATHANAMTHITTA DISTRICT.

        9        DIRECTOR OF PANCHAYATH,
                 PUBLIC OFFICE, P.O. THIRUVANANTHAPURAM 695
                 033.

        10       STATE OF KERALA,
                 REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT
                 OF LOCAL SELF GOVERNMENT, SECRETARIAT,
                 THIRUVANANTHAPURAM 695 001.

                 R4-5 BY ADV. SRI.JACOB P.ALEX
                 R4-5 BY ADV. SRI.JOSEPH P.ALEX
                 R4-5 BY ADV. SHRI.MANU SANKAR P.

OTHER PRESENT:

                 SRI.MURALI PURUSHOTHAMAN, SC ,GP KJ. MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.15869 of 2020                 3




                           W.P.(C) No.15869 of 2020
                 -----------------------------------------------


                               JUDGMENT

The subsisting grievance of the petitioner concerns

the delay on the part of the State Election Commission in

disposing of O.P.Nos.17 of 2020, 18 of 2020, 19 of 2020 and 20

of 2020 instituted under Section 4 of the Kerala Local

Authorities (Prohibition of Defection) Act, 1999.

Having regard to the facts and circumstances of the

case, I deem it appropriate to dispose of the writ petition

directing the State Election Commission to dispose of finally the

original petitions referred to above in accordance with law,

within four months. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE.

ds 21.01.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 23/07/2020 NOTIFYING THE PRESIDENTIAL ELECTION.

EXHIBIT P2 TRUE COPY OF THE NOTICE DT. 23/07/2020 NOTIFYING THE ELECTION FOR THE POST OF VICE PRESIDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 30/07/2020 ISSUED TO THE SECRETARY OF 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DECLARATIONS SUBMITTED BY THE MEMBERS OF THE 3RD RESPONDENT BEFORE THE STATUTORY AUTHORITY UNDER THE PROVISIONS OF KERALA LOCAL AUTHORITIES DISQUALIFICATION OF DEFECTED MEMBERS RULES 2000.

EXHIBIT P5 TRUE COPY OF THE LETTER NO. A4-

1016/2020 DATED 15/06/2020 ALONG ITH THE NO CONFIDENCE MOTION DATED NIL.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 26/6/2020 IN WPC NO. 12798/2020 OF THIS HONBLE COURT.

EXHIBIT P7 TRUE COPY OF THE LETTER NO. M4-

1105/2020 DATED 30/06/2020 ALONG WITH THE NO CONFIDENCE MOTION.

EXHIBIT P8 TRUE COPY OF JUDGMENT DT. 07/07/2020 IN WPC NO. 12798/2020 OF THIS HONBLE COURT.

EXHIBIT P9 TRUE COPY OF THE DIRECTION (WHIP) DT.

06.07.2020 ISSUED IN WRITING TO THE 4TH RESPONDENT ALONG WITH POSTAL RECEIPT.

EXHIBIT P9 (A) TRUE COPY OF THE DIRECTION (WHIP) DT.

06.07.2020 ISSUED IN WRITING TO THE 5TH RESPONDENT ALONG WITH POSTAL RECEIPT.

EXHIBIT P9 (B) TRUE COPY OF THE DIRECTION (WHIP) DT.

06.07.2020 ISSUED IN WRITING TO THE 6TH RESPONDENT ALONG WITH POSTAL RECEIPT.

EXHIBIT P9 (C) TRUE COPY OF THE DIRECTION (WHIP) DT.

06.07.2020 ISSUED IN WRITING TO THE 7TH RESPONDENT ALONG WITH POSTAL RECEIPT.

EXHIBIT P9 (D) TRUE COPY OF LETTER DT. 06.07.2020 ISSUED IN WRITING TO THE 3RD RESPONDENT ALONG WITH POSTAL RECEIPT.

EXHIBIT P10 TRUE COPY OF THE EMAIL COMPLAINT DATED 13/07/2020 TO THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RELEVANT LETTER DT./ 29/06/2020 AND 30/06/2020 ALONG WITH THE REPORT DATED 15/07/2020.

EXHIBIT P12 TRUE COPY OF THE NEWSPAPER CUTTING OF THE DESHABHIMANI DAILY DATED 14/07/2020.

EXHIBIT P13 TRUE COPY OF THE PETITION OP 17/2020 FILED BEFORE THE 1ST RESPONDENT BY THE MEMBER OF THE 3RD RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DT. 3RD JANUARY, 2019 IN WPC NO. 69 OF 2019.

EXHIBIT P15 TRUE COPY OF THE CIRCULAR NO.

J3/5524/2019 DATED 16/0712020.

EXHIBIT P16 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DT. 2ND DAY OF JUNE, 2020 IN WPC NO. 9487 OF 2020.

EXHIBIT P17 TRUE COPY OF THE PATIENT FLOW CHART COVID 19 FOR CLUSTER P24 PUBLISHED BY THE DISTRICT ADMINISTRATION, PATHANAMTHITTA.