Preman vs Lathika
2022 Latest Caselaw 7308 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 20599 OF 2014
PETITIONER/S:

               PREMAN
               AGED 49 YEARS
               S/O. GOPALAN, EDAKKADANTHODIYIL HOUSE,
               AZHINJILAM.P.O., MALAPPURAM, (MEMBER OF
               VAZHAYOOR GRAMA PANCHAYATH, COMMITTEE).
               BY ADVS.
               SRI.RENJITH THAMPAN (SR.)
               SMT.P.R.REENA


RESPONDENT/S:

    1          LATHIKA
               MEMBER, VAZHAYOOR GRAMAPANCHAYATH,
               KARADUPARAMBU.P.O., MALAPPURAM DISTRICT-673632.
    2          KERALA STATE ELECTION COMMISSION
               THIRUVANANTHAPURAM-695001.
               BY ADVS.
               SMT.KAVERY S THAMPI
               SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
               COMMISSION, KERALA
               SRI.K.M.SATHYANATHA MENON
               SRI.MURALI PURUSHOTHAMAN SCK.S.E.COMM
               SUNNY MATHEW


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20599 of 2014



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 20599 of 2014
                       =============================================================

                    Dated this the 23rd day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. Call for records leading to Ext.P8 and issue a writ in the nature of certiorari quashing Ext.P8, holding that the 1st respondent is disqualified under the Kerala Local Authorities (Prohibition of Defection) Act, 1999.

ii. Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

iii. Award cost of this proceedings to the petitioners." (sic)

This is a matter relating to the election in the year 2010.

The application filed by the petitioner is dismissed by the

Election Commission. I think nothing survives in this case.

Therefore, this writ petition is dismissed as infructuous.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20599 of 2014

APPENDIX OF WP(C) 20599/2014

PETITIONER EXHIBITS P1.TRUE COPY OF THE IST OF CANDIDAQTYES APPROVED BY THE RETURNING OFFICER IN VAZHAYOOR GRAMAPANCHAYATH. P2.TRUE COPY OF THE DIRECION ISSUED BY THE DISTRICT SECRETARY OF COMMUNIST PARTY OF INDIA MALAPPURAM DISTRICT COUNCIL DATED 5-1-2013. P3.TRUE COPY OF THE LETTER DATED 5-1-2013 WITH THE ENDORSEMENT OF THE SECRETARY OF VAZHAYOOR GRAMAPANCHAYAT DATED 7-1-2013 P4.TRUE COPY OF THE ORIGINAL PETITION OP. 13/2013 FILED BY THE PETITIONER BEFORE THE ELECTION COMMISSION.

P5.TRUE COPY OF THE STATEMENT OF OBJECTION FILED BYTHE RESPONDENT IN OP NO. 13/2013 DATED 3-6-2013. P6. TRUE COPY OF THE DECLARATION IN FORM NO.2, FILED BY THE RESPONDENT DATED 1-12-10.

P7.TRUE COPY OF THE RELEVANT PORTION OF REGISTER SHOWING PARTY AFFILIATION OF THE MEMBERS MAINTAINED BY THE SECRETARY OF THE PANCHAYATH. P8. TRUE COPY OF THE ORDER OF KERALA STATE ELECTION COMMISSION IN OP NO. 13/2013 DATED 16-7-2014.