Romio Sebastian vs Dean Kuriakose
2023 Latest Caselaw 4604 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       EL.PET. NO. 5 OF 2019
NAME AND ADDRESS OF THE PETITIONER:

             ROMIO SEBASTIAN, AGED 45 YEARS
             S/O. SEBASTIAN, KOLLKOMBIL HOUSE,
             KALVERY MOUNT P.O, IDUKKI DISTRICT 685 515

             BY ADVS.
             K.SHAJ
             RENJIT GEORGE
             C.IJLAL
             SRI.S.SREEKUMAR (SR.)



NAME AND ADDRESS OF THE RESPONDENT:

             DEAN KURIAKOSE
             (MEMBER OF PARLIAMENT, HOUSE OF THE PEOPLE
             (LOK SABHA) 13 HP CONSTITUENCY, IDUKKI)
             S/O. A.M KURIAKOSE, AGED 37 YEARS,
             RESIDENT OF ENANICKAL HOUSE, PAINGOTTOOR P.O,
             KADAVOOR VILLAGE, KOTHAMANGALAM TALUK,
             ERNAKULAM DISTRICT 686 671

             BY ADVS.
             SRI.C.S.AJITH PRAKASH
             SRI.T.K.DEVARAJAN
             SRI.FRANKLIN ARACKAL
             SRI.M.B.SOORI
             KUM.NEETHU SOMAN
             SRI.T.KRISHNANUNNI (SR.)
             SRI.DEEPULAL MOHAN, SC, ELECTION COMMISSION OF
             INDIA (NOT A PARTY)


    THIS ELECTION PETITION HAVING COME UP FOR ADMISSION ON
12.04.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 EL.PET. NO. 5 OF 2019

                                    2




                            JUDGMENT

This election petition has been filed challenging the result of the

election of the respondent from 13 Idukki Parliamentary Constituency

under Sections 100(1)(b) r/w 123(6) of the Representation of the People

Act, 1951 (for short 'the Act').

2. The petitioner filed I.A.No.1 of 2022 to withdraw the

election petition. Notice of the withdrawal application has been served

to the respondent. But he did not oppose the application. Thereafter,

this Court fixed the date of hearing and directed the petitioner to make

publication in the official gazette. Accordingly, gazette notification has

been published. The case was posted to 02.02.2023, but nobody

appeared in response to the publication. This Court was satisfied that

I.A.No.1 of 2022 has not been induced by any bargain or consideration

which ought not be allowed. Hence, after hearing both sides, I.A.No.1 of

2022 was allowed and withdrawal of the election petition has been

granted as per the order of this Court dated 02.02.2023. Thereafter, the

petitioner was directed to publish the notice of withdrawal in the

official gazette as contemplated under Section 110(3)(b) of the Act.

After publication, the gazette notification has been produced on EL.PET. NO. 5 OF 2019

28.02.2023. Fourteen days have been elapsed and no person has been

substituted as petitioner as per clause (c) of Subsection (3) of Section

110 in place of the party withdrawing.

3. Hence, the Registry is directed to report the fact of

withdrawal of Election Petition No.5 of 2019, challenging the result of

the election of Sri.Dean Kuriakose from 13 Idukki Parliamentary

Constituency to the Election Commission. The Election Commission

shall publish the report in the official gazette as contemplated under

Section 111 of the Act.

This election petition is dismissed as withdrawn.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS