K.R. Sreekala vs Asha Biju
2025 Latest Caselaw 5694 Ker

Kerala High Court

K.R. Sreekala vs Asha Biju on 18 August, 2025

Author: C.S.Dias

Bench: C.S.Dias

                                                      2025:KER:62090
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
     MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
                       WP(C) NO. 30761 OF 2025

PETITIONER:

          K.R. SREEKALA
          AGED 51 YEARS
          W/O GIRISHLAL, RESIDING AT KOPPARA THEZHETHIL,
          VILAKKUDY P.O., VILAKKUDY PANCHAYAT,
          VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
          KOLLAM, PIN - 691508

          BY ADVS.
          SRI.ARUN CHAND
          SHRI.PRAMOD S.K.
          SHRI.VINAYAK G MENON
          SHRI.THAREEQ ANVER
          SHRI.BHARAT VIJAY P.
          SMT.MINU VITTORRIA PAULSON
          SMT.ARCHANA P.P.
          SMT.SHEHROON PATEL A.K.



RESPONDENTS:

    1     ASHA BIJU
          AGED 44 YEARS
          W/O BIJU MATHEW, RESIDING AT MAROOR,
          ELAMPAL P.O., VILAKKUDY PANCHAYAT,
          VILAKKUDY VILLAGE, PATHANAPURAM TALUK,
          KOLLAM, PIN - 691508

    2     KERALA STATE ELECTION COMMISSION
          REPRESENTED BY THE STATE ELECTION COMMISSIONER,
          VIKAS BHAVAN, JANAHITHAM,
          NEAR LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM,
          KERALA, PIN - 695033


OTHER PRESENT:

          STANDING COUNSEL- SRI.DEEPULAL MOHAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30761 of 2025         2

                                                     2025:KER:62090
       Dated this the 18th day of August, 2025


                          JUDGMENT

The writ petition is filed, inter alia, to direct the

second respondent to consider and pass orders on Ext.

P3 witness schedule and permit the petitioner to adduce

further evidence.

2.The petitioner is the respondent in OP. No.

13/2024 on the file of the Kerala State Election

Commission ('Commission', for brevity) filed by the first

respondent under Section 3(1)(a) and (4) of the Kerala

Local Authorities (Prohibition of Defection) Act, 1999,

r/w Rule 4A of the Kerala Local Authorities

(Disqualification of Defected Members) Rules, 2000 ('Act

and Rules', in short), to disqualify the petitioner as the

member of the Vilakkudy Grama Panchayat and from

contesting as a candidate to any Local self Government

Institution for six years. The petitioner has filed Ext. P2

objection to the original petition on 16.04.2024. The first

respondent has also filed O.P. No. 14/2024 before the

2025:KER:62090 Commission on the very same set of allegations. As the

dispute in the two original petitions arise from the same

election, the Commission consolidated and ordered a

joint trial of the original petitions. Even though the

petitioner had summoned the District Labour Officer,

Punalur, who was the Returning Officer of the Valikkudy

Grama Panchayat, the Officer appeared before the

Commission and submitted that the documents were too

old and could not be traced. In order to corroborate the

petitioner's pleadings, she filed Ext. P3 witness schedule

on 05.08.2025. However, the Commission, without

considering Ext. P3 witness schedule, has posted the

cases for final hearing. The copy application filed by the

petitioner is also not considered. The procedure adopted

by the Commission is illegal, improper and irregular. The

petitioner would be put in severe prejudice if the

witnesses in the schedule are not examined. Hence, the

writ petition.

2025:KER:62090

3. Heard; the learned counsel appearing for the

petitioner and the learned Standing Counsel for the

Commission. In view of the judgment I propose to pass, I

dispense with notice to the first respondent.

4. The learned counsel for the petitioner submits

that, even though Ext. P3 witness schedule was filed on

05.08.2025, the Commission has not rejected or allowed

the schedule. Instead, the Commission has posted the

cases for final hearing. It is highly necessary to examine

the witnesses mentioned in Ext. P3 witness schedule to

substantiate the petitioner's case.

5. The learned Standing Counsel for the

Commission handed over the proceedings sheet of O.P.

No. 13/2024 to prove numerous opportunities that were

granted to the petitioner for the trial. According to the

learned Counsel for the Commission, the objections in

the cases were filed as early as on 16.04.2024, and the

cases were posted for trial on 07.07.2024. Subsequently,

on 05.11.2024, the first respondent was examined, and

2025:KER:62090 A1 to A25 were marked on her side. Thereafter, the

other witnesses were examined. Finally, the first

respondent's evidence was closed on 21.01.2025.

Subsequently, the petitioner filed an application to recall

PW8, PW11 and PW12, who were recalled and re-

examined. The first respondent's evidence was closed,

and the cases were posted for the petitioner's evidence

on 29.04.2025. However, the petitioner was absent on

the following two posting dates, i.e., 29.04.2025 and

13.05.2025. Finally, on 01.07.2025, the petitioner filed

the witness schedule, and his evidence was closed on

15.07.2025, and the cases were adjourned to 29.07.2025.

Thereafter, the cases were posted for further evidence as

the last chance on 05.08.2025. On 05.08.2025, the RW2

and RW3 were examined, and the evidence was closed.

The cases were posted to 19.08.2025 for final hearing. It

is at this juncture that Ext. P3 witness schedule was

filed. The petitioner's sole intention is to procrastinate

the final determination of the original petitions. As per

2025:KER:62090 Rule 5(1) of the Rules, the proceedings have to be

completed within 60 days from the date of filing of the

original petition. In fact, the time period to dispose of the

proceedings has lapsed because the original petition was

filed on 20.02.2024. Going by the statutory mandate, the

Commission is bound to dispose of the original petitions

within the stipulated time. There is no merit in the writ

petition.

6. The proceedings narrated above prove that the

trial in the case commenced as on 05.11.2024, that the

petitioner's evidence was closed on 15.07.2025, and it is

after the closure of the trial that the petitioner filed Ext.

P3 witness schedule. Furthermore, Rule 5 of the Rules

mandate that the proceedings have to be completed

within 60 days from its institution.

On an overall consideration of the facts and

materials on record, I am of the firm view that there is

no bona fides or genuineness in the petitioner's filing of

the Ext. P3 witness schedule at the fag end of the

2025:KER:62090 proceedings. I find sufficient force in the contention of

the learned Counsel for the Commission that the

petitioner's oblique intention is only to protract the

proceedings. Therefore, I do not find any justifiable

reasons or grounds to exercise the plenary powers of this

Court under Article 226 of the Constitution of India and

direct the Commission to permit the witnesses

mentioned in Ext. P3 witness schedule to be examined.

The writ petition is meritless and is only to be dismissed.

Consequently, the writ petition is dismissed.

Sd/-

C.S.DIAS, JUDGE

mtk/18.08.25

2025:KER:62090

APPENDIX OF WP(C) 30761/2025

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORIGINAL PETITION NO.13/2024 DATED 19/02/2024 FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT, KERALA STATE ELECTION COMMISSION Exhibit P2 THE TRUE COPY OF THE OBJECTION DATED 16/04/2024 IN O.P. NO.13/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE WITNESS SCHEDULE DATED 05/08/2025 FILED BY THE COUNSEL FOR THE PETITIONER JOINTLY IN O.P. NO.13/2024 AND O.P. NO.14/2024 BEFORE THE 2ND RESPONDENT COMMISSION Exhibit P4 THE TRUE COPY OF THE COPY APPLICATION DATED 05/08/2025 FILED BY THE COUNSEL FOR THE PETITIONER JOINTLY IN O.P. NO.13/2024 AND O.P. NO.14/2024 BEFORE THE 2ND RESPONDENT COMMISSION