Jiji Thomas vs The Kerala State Election Commission
2024 Latest Caselaw 32049 Ker

Kerala High Court

Jiji Thomas vs The Kerala State Election Commission on 7 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                             WA NO. 1723 OF 2024
    AGAINST JUDGMENT DATED 26.09.2024 IN WP(C) 26132/2024 OF THIS COURT
APPELLANT(S)/PETITIONERS

  1. JIJI THOMAS, AGED 49 YEARS W/O. THOMAS, THACHARUKUDIYIL HOUSE,
     MANDAPAM P.O., CHITTARIKKAL VIA, KASARGOD DISTRICT, PIN - 671326
  2. JIJI P.J., AGED 53 YEARS, S/O. JOSEPH, PUTHIYAPARAMBIL HOUSE,
     KAMBALLUR P.O., CHERUPUZHA, VIA, KASARGOD DISTRICT, PIN - 670511
  3. VINEETH T. JOSEPH, AGED 45 YEARS S/O. JOSEPH, THENGUMPALLIL HOUSE,
     KANNIVAYAL P.O., KASARGOD DISTRICT, PIN - 670511
  4. DETTY FRANCIS, AGED 54 YEARS W/O. FRANCIS, KANDANCHIRAYIL,
     CHITTARIKKAL P.O., KASARGOD DISTRICT, PIN - 671326

BY ADVS.M/S.SHINTO THOMAS, NAVANEETH.N.NATH, RAM VINAYAK, ABHIRAMI S.,
ABDUL LATHEEF P.M.

RESPONDENT(S)/RESPONDENTS

  1. THE KERALA STATE ELECTION COMMISSION, JANAHITHAM, TC-27/6(2), VIKAS
     BHAVAN P.O., THIRUVANANTHAPURAM REPRESENTED BY SECRETARY, PIN -
     695033
  2. JOSEPH MUTHOLI, AGED 59 YEARS S/O.GEORGE, RESIDING AT MUTHOLI HOUSE,
     CHITTARIKKAL P.O., NEELESWARAM, KASARGOD DISTRICT, PIN - 671326

BY STANDING COUNSEL SRI.DEEPU LAL MOHAN FOR R1

SENIOR ADVOCATE SRI.K.RAMKUMAR AND ADV.JOBY JACOB PULICKEKUDY FOR R2

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgement in WPC NO 26132 of 2024 dated
26.09.2024, pending disposal of this Writ Petition,in the interest of
justice.
     This Writ Appeal coming on for admission on 07/11/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
                                NITIN JAMDAR, C.J.
                                           &
                                     S.MANU, J.
                         =========================
                               W.A. No.1723 of 2024
                         =========================
                      Dated this the 7th day of November, 2024

                                        ORDER

NITIN JAMDAR, C.J.

Heard Mr.Navaneeth N. Nath, learned counsel for the Appellants, Senior Advocate K.Ramkumar, instructed by Sri.Joby Jacob Pulickekudy, learned counsel for the Respondent and Mr.Deepu Lal Mohan, learned Standing Counsel for the Election Commission..

2. The Appeal is admitted.

3. As regards the request made by the learned counsel for the Appellants for a direction not to hold the bye-election till the next date is concerned, the learned Standing Counsel for the Election Commission states that this request is unwarranted, because the by- election is not likely to be held before the next posting date.

4. List in the weekly board, commencing from 18 November 2024.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE rp 07-11-2024 /True Copy/ Assistant Registrar