High CourtsSingle Bench(2023) 01 KL CK 0204

R.V.Mohammed Basheer vs Kerala State Election Commission Corporation Office Complex, Lms Junction, Palayam, Thiruvananthapuram 695033

High Court Of Kerala · Decided on 23 January 2023

HON’BLE JUDGES
P.V.Kunhikrishnan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C).No. 13374 Of 2013

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Judgment

12 paragraphs · 303 words

P.V.Kunhikrishnan, J

1.

This writ petition is filed with following prayers:

i. To call for the records leading upto Exhibit P5 and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction.

ii. To issue a Writ of Mandamus commanding respondents 1 & 2 to permit the petitioners to continue their membership in the Pavaratty Grama Panchayat and participate in all meetings with voting rights etc. as before, irrespective of the issuance of Ext.P5 order.

iii. To declare that the petitioners have not entailed any disqualification whatever under the provisions of the Kerala Local Authorities (Prohibition of Defection) Act.

iv. To issue such other writs, orders directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(SIC)

2.

The writ petition is filed challenging Ext.P5 order dated 30.04.2013 of the Kerala State Election Commission, Thiruvananthapuram by which the Commission passed an order declaring the petitioner as disqualified for contesting as candidate in an election to any Local Authority for six years. The order was passed in the year 2013.

3.

When this writ petition came up for consideration on 28.05.2013, this Court passed the following order:

“Admit. Advocate Murali Purushothaman appears for R1. Issue urgent notice by speed post to the other respondents. The learned counsel for the Election Commission to get down the records of the case. The petitioners are permitted to attend the meetings of the Panchayat, but they shall not function as President or Vice President or vote in the meetings. The resultant vacancies shall also not be filled up.”

4.

Ext.P5 order as such was not stayed by this Court. If that be the case, the period of disqualification is already over. Hence no further orders are necessary.

Therefore this writ petition is closed.