Kerala High Court
Elizabeth Ninan vs Mercy Samuel on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 7381 OF 2014
PETITIONER/S:
ELIZABETH NINAN
W/O.C.G.NINAN,
MEMBER, WARD NO.8,
MALLAPUZHASSERY GRAMA PANCHAYAT,
PATHANAMTHITTA DISTRICT-689 644.
BY ADV SRI.V.PHILIP MATHEW
RESPONDENT/S:
1 MERCY SAMUEL
W/O.SAMUEL,
CHARUVIL PRINCE COTTAGE, KUZHIKALA.P.O.,
PATHANAMTHITTA DISTRICT-689 644,
MEMBER, WARD NO.09,
MALLAPUZHASSERY GRAMA PANCHAYAT,
PATHANAMTHITTA DISTRICT-689 644.
2 MALLAPUZHASSERY GRAMA PANCHAYAT
PATHANAMTHITTA DISTRICT-689 644.
REPRESENTED BY ITS SECRETARY.
3 KERALA STATE ELECTION COMMISSION
THIRUVANANTHAPURAM-695 033.
BY ADVS.
SRI.M.SREEKUMAR
SRI.A.R.DILEEP
SUNNY MATHEW
SRI.A.R.DILEEP
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL
SRI.MANU SEBASTIAN
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, ALONG WITH WP(C).7197/2014, 7356/2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7381 OF 2014 &
Conn. Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 7197 OF 2014
PETITIONER/S:
SAJEEV BASHKAR
MEMBER, WARD NO 4,
MALLAPUZHASSERY GRAMA PANCHAYAT,
PATHANAMTHITTA DISTRICT 689644
BY ADV SRI.V.PHILIP MATHEW
RESPONDENT/S:
1 MERCY SAMUEL
W/O SAMUEL,
CHARUVIL PRINCE COTTAGE, KUZHIKALA P.O,
PATHANAMTHITTA DISTRICT 689644,
MEMBER, WARD NO 9,
MALLAPUZHASSERY GRAMA PANCHAYATH,
PATHANAMTHITTA DISTRICT 689644
2 MALLAPUZHASSERY GRAMA PANCHAYAT
PATHANAMTHITTA DISTRICT 689644
3 KERALA STATE ELECTION COMMISSION
THIRUVANANTHAPURAM 695033
BY ADVS.
SRI.M.SREEKUMAR
SRI.A.R.DILEEP
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
WP(C) NO. 7381 OF 2014 &
Conn. Cases
3
SRI.A.R.DILEEP
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL
SRI.MANU SEBASTIAN
SUNNY MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, ALONG WITH WP(C).7381/2014 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7381 OF 2014 &
Conn. Cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 7356 OF 2014
PETITIONER/S:
THOMAS M.REJI OOMMEN
AGED 56 YEARS
S/O.LATE M.T.OOMMEN,
MEMBER, WARD NO.5,
MALLAPUZHASSERY GRAMA PANCHAYATH,
PATHANAMTHITTA DISTRICT - 689 644
BY ADV SRI.V.PHILIP MATHEW
RESPONDENT/S:
1 MERCY SAMUEL
W/O.SAMUEL,
CHARUVIL PRINCE COTTAGE, KUZHIKALA P.O.,
PATHANAMTHITTA DISTRICT - 689 644
MEMBER WARD NO.09,
MALLAPUZHASSERY GRAMA PANCHAYATH
PATHANAMTHITTA DISTRICT - 689 644
2 MALLAPPUZHASSERY GRAMA PANCHAYATH
PATHANAMTHITTA DISTRICT - 689 644
REPRESENTED BY SECRETARY.
3 KERALA STATE ELECTION COMMISSION
THIRUVANANTHAPURAM - 695 033.
WP(C) NO. 7381 OF 2014 &
Conn. Cases
5
BY ADVS.
SRI.M.SREEKUMAR
SRI.A.R.DILEEP
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SRI.A.R.DILEEP
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL
SRI.MANU SEBASTIAN
SUNNY MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.11.2021, ALONG WITH WP(C).7381/2014 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7381 OF 2014 &
Conn. Cases
6
JUDGMENT
[WP(C) Nos.7381/2014, 7197/2014, 7356/2014]
In all these cases, the petitioners have challenged orders
whereby they are disqualified from contesting elections.
2. This Court had admitted the writ petitions and
permitted the petitioners to continue as members without any
voting rights. The period of disqualification is already over and
it is submitted by the learned counsel for the Election
Commission that the matters have become infructuous.
3. The learned counsel for the petitioners expressed an
apprehension that since they are continuing inspite of orders of
disqualification, if the writ petitions are closed as infructuous,
the order of disqualification may revive and affect their chances
to compete in the future elections. Section 34(1)(kk) of the
Kerala Panchayath Raj Act, 1994 states that a person shall be
disqualified for being a member of a Panchayat at any level, if
WP(C) NO. 7381 OF 2014 &
Conn. Cases
he has been disqualified as per the provisions of the Kerala
Local Authorities (Prohibition of Defection) Act, 1999 and has
not completed six years from the date of disqualification.
3. Since the section contemplates the completion of six
years after the order of disqualification, there can be no
disqualification after the period of six years. In the light of the
statutory provision, the apprehension of the petitioners is
misplaced.
These Writ Petitions are hence closed as infructuous.
Sd/-
T.R.RAVI
JUDGE
avs
WP(C) NO. 7381 OF 2014 &
Conn. Cases
APPENDIX OF WP(C) 7197/2014
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE NOTICE DATED 31-10-2010
EXHIBIT P2 COPY OF THE LETTER DATED 01-06-2013
EXHIBIT P3 COPY OF THE LETTER DATED 11-06-2013 ISSUED
BY THE PRESIDENT OF THE DCC
EXHIBIT P4 TRUE COPY OP NO 36/2013 FILED BY THE FIRST
RESPONDENT
EXHIBIT P5 COPY OF THE OBJECTION FILED BY THE
PETITIONER IN THE OP
EXHIBIT P6 COPY OF THE COMMON ORDER DATED 07-03-2014
PASSED BY THE 2ND RESPONDENT IN OP
NO34/2013,35/2013 AND 36/2013
WP(C) NO. 7381 OF 2014 &
Conn. Cases
APPENDIX OF WP(C) 7356/2014
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE NOTICE DATED 31-10-2010
EXHIBIT P2 COPY OF THE LETTER DATED 01-06-2013
EXHIBIT P3 COPY OF THE LETTER DATED 11-06-2013 ISSUED
BY THE PRESIDENT OF THE DCC
EXHIBIT P4 TRUE COPY OP NO 35/2013 FILED BY THE FIRST
RESPONDENT
EXHIBIT P5 COPY OF THE OBJECTION FILED BY THE
PETITIONER IN THE OP
EXHIBIT P6 COPY OF THE COMMON ORDER DATED 07-03-2014
PASSED BY THE 2ND RESPONDENT IN OP
NO34/2013,35/2013 AND 36/2013
WP(C) NO. 7381 OF 2014 &
Conn. Cases
APPENDIX OF WP(C) 7381/2014
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE NOTICE DATED 31.10.2010.
EXHIBIT P2 COPY OF THE LETTER DATED 01.06.2013.
EXHIBIT P3 COPY OF THE LETTER DATED 11.06.2013 ISSUED
BY THE PRESIDENT OF THE DCC.
EXHIBIT P4 COPY OF O.P.NO.34/2013 FILED BY THE FIRST
RESPONDENT.
EXHIBIT P5 COPY OF THE OBJECTION FILED BY THE
PETITIONER IN THE O.P.
EXHIBIT P6 COPY OF THE COMMON ORDER DATED 07.03.2014
PASSED BY THE 2ND RESPONDENT IN
O.P.NO.34/2013, 35/2013 AND 36/2013.
