Kerala High Court
Asha Biju vs The Kerala State Election Commission on 22 October, 2024
W.P.(C) Nos. 36740 and 36882 of 2024
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2024:KER:78342
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36740 OF 2024
PETITIONERS:
R. AJAYAKUMAR,
AGED 54 YEARS
S/O RAVEENDRAN NAIR, RESIDING AT VAISHNAVAM,
KUNNIKKODU P.O., VILAKKUDY PANCHACYAT,
VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691508
BY ADVS.
K.SHAJ
ARUN CHAND
BHARAT VIJAY P.
MINU VITTORRIA PAULSON
RESPONDENTS:
1 THE KERALA STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN,
JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
2 K. R. SREEKALA,
AGED 51 YEARS
D/O GIRISHLAL, RESIDING AT KOPPARA THAZHETHIL,
VILAKKUDY P.O., VILAKKUDY PANCHAYAT,
VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691508
3 RAJEENA THOMAS,
AGED 52 YEARS
D/O THOMAS, RESIDING AT CHERIYAPURAVEEDU,
ELAMPAL P. O., VILAKKUDY VILLAGE,
PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691322
W.P.(C) Nos. 36740 and 36882 of 2024
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2024:KER:78342
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, ALONG WITH W.P.(C) NO.36882 OF 2024 THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 36740 and 36882 of 2024
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2024:KER:78342
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36882 OF 2024
PETITIONER:
ASHA BIJU,
AGED 44 YEARS
W/O BIJU MATHEW, RESIDING AT MAROOR,
ELAMPAL P.O., VILAKKUDY PANCHAYAT,
VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691322
BY ADVS.
K.SHAJ
BEENA N.KARTHA
ARUN CHAND
BHARAT VIJAY P.
MINU VITTORRIA PAULSON
RESPONDENTS:
1 THE KERALA STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN,
JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
2 K.R.SREEKALA,
AGED 51 YEARS
D/O GIRISHLAL, RESIDING AT KOPPARA THAZHETHIL,
VILAKKUDY P.O., VILAKKUDY PANCHAYAT,
VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
KOLLAM DISTRICT, PIN - 691508
3 RAJEENA THOMAS,
AGED 52 YEARS
D/O THOMAS, RESIDING AT CHERIYAPURAVEEDU,
ELAMPAL P. O., VILAKKUDY VILLAGE,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691322
W.P.(C) Nos. 36740 and 36882 of 2024
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BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, ALONG WITH W.P.(C) NO.36740 OF 2024 THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos. 36740 and 36882 of 2024
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2024:KER:78342
MOHAMMED NIAS C.P., J.
=========================
W.P.(C) Nos. 36740 and 36882 of 2024
=========================
Dated this the 22nd day of October, 2024
JUDGMENT
The above writ petitions are filed with the following prayers;
" I. To issue a writ of mandamus directing the Kerala State Election Commission
to dispose the joint trial of Exhibit P1 and Exhibit P2 petitions at the earliest or
within such period as directed by this Hon'ble Court as mandated Rule 5(1) of the
Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000.
II. To grant such other reliefs as this Hon'ble Court deems fit and proper in the
facts and circumstances of the case;
III. To award the costs of this original petition to the petitioner; and
IV. To dispense with the filing of translated copies of the vernacular documents
produced."
2. A statement has been filed on behalf of the Kerala State Election
Commission shows the details of the proceedings are as follows;
" The details of proceedings in O.P.Nos. 15/2024 and 16/2024 pending on the files of
this Respondent are as follows:-
Date Details of Proceedings
20-02-2024 Original Petitions filed. For appearance to 19-03-2024
19-03-2024 Respondent by Adv. Parippally E. Raveendran. For objection.
16-04-2024 Respondent prays time. For objection
18-04-2024 Objection filed. Copy served. For evidence
07-05-2024 Both parties pray time. For evidence.
14-05-2024 With I.A.
23-05-2024 With I.A.
06-06-2024 With I.A.
20-06-2024 With I.A.
27-06-2024 No sitting. Adjourned to 02-07-2024.
W.P.(C) Nos. 36740 and 36882 of 2024
2024:KER:78342
02-07-2024 I.A.No. 43/2024 allowed for joint trial of O.P.No. 15/2024 and
O.P.No. 16/2024, O.P.No. 15/2024 as main case. For evidence.
23-07-2024 Respondent by Adv.Nithya R.S. Both parties pray time. For
evidence.
06-08-2024 Petitioner present. Respondent's counsel prays time for
adjournment. For evidence.
22-08-2024 Respondent by Adv. Pallichal S.K. Pramod vide the
relinquishment of Vakalath by Adv. Nithya R.S. For evidence.
10-09-2024 Counsel is absent. For evidence.
24-09-2024 Respondent prays time. For evidence to 24-10-2024.
Given the progress of the election petition before the Kerala State
Election Commission as noticed above, the allegations made in the writ
petitions are without any basis. There is no merit whatsoever in the writ
petitions, they are dismissed.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
W.P.(C) Nos. 36740 and 36882 of 2024
2024:KER:78342
APPENDIX OF WP(C) 36740/2024
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF O. P. NO 15/2024 PENDING
BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF O. P. NO. 16/2024 DATED
19/02/2024 PENDING BEFORE THE 1ST RESPONDENT.
W.P.(C) Nos. 36740 and 36882 of 2024
2024:KER:78342
APPENDIX OF WP(C) 36882/2024
PETITIONER EXHIBITS :
EXHIBIT P1 THE TRUE COPY OF O. P. NO 13/2024 PENDING
BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF O. P. NO 14/2024 PENDING
BEFORE THE 1ST RESPONDENT.
// True Copy // PA To Judge
