P.T. Eldo vs The State Election Commission
2021 Latest Caselaw 14078 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   WEDNESDAY, THE 7TH DAY OF JULY 2021/16TH ASHADHA, 1943
                     WP(C) NO. 13197 OF 2021


PETITIONER:

         P.T. ELDO, AGED 59 YEARS,
         S/O. VARGHESE, "PALAL",
         KULAPARACHAL P.O.,
         IDUKKI DISTRICT, PIN-685 619,
         (FORMER MEMBER OF WARD NO 7 OF
         RAJAKUMARI GRAMA PANCHAYAT)

         BY ADVS.
         ARUN THOMAS
         SANTHOSH MATHEW
         JENNIS STEPHEN


RESPONDENTS:

    1    THE STATE ELECTION COMMISSION,
         THIRUVANANTHAPURAM, KERALA-695 003,
         REPRESENTED BY ITS COMMISSIONER.

    2    TISSY M.K., AGED 37 YEARS,
         W/O BINU, THOPPIL HOUSE,
         RAJAKUMARI P.O.,
         IDUKKI DISTRICT, PIN-685 619.

         R1 BY ADV.SRI DEEPU LAL MOHAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.13197/2021

                                  2




                           JUDGMENT

Dated this the 7th day of July, 2021

The petitioner, an elected member of Ward No.9 of

Rajakumari 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.P1 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.P1

are on and there happened to be a slight delay due to

COVID-19 pandemic. However, the Commission has now WP(C) No.13197/2021

made arrangements to resume physical sitting/hearing with

effect from 14.07.2021 in respect of matters already posted

for evidence. As physical sitting resumes, Ext.P1 petition

will also be considered in accordance with priority and

seniority of cases pending before the Commission and

Ext.P1 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.P1 Original Petition

as expeditiously as possible.

Sd/-

N. NAGARESH JUDGE ncd/07.07.2021 WP(C) No.13197/2021

APPENDIX OF WP(C) 13197/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE OP NO 31/2019 FILED BY THE PETITIONER BEFORE THE STATE ELECTION COMMISSION OF KERALA

Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT IN OP NO 31/2019 ON THE FILE OF THE STATE ELECTION COMMISSION OF KERALA.