AI Structured Summary
Not yet generated for this judgment
Judgment
J. Chelameswar, C.J.—Aggrieved by judgment dated 07.11.2008 in W.P.(C) No. 31095 of 2004, the 1st Respondent therein (State Election Commission) preferred the instant appeal.
The Respondents herein filed the abovementioned writ petition challenging an order (marked as Ext. P12 in the writ petition) by which the Appellant herein disqualified the Respondents from contesting any election to any local body in the State of Kerala for a period of six years. Such an order came to be passed on the basis of complaints marked as Exts. P8 and P9 filed by the 3rd Respondent herein alleging "defection" on the part of the Respondents 1 and 2 herein.
However, when the writ petition came up for hearing, the 3rd Respondent herein filed an affidavit stating that the applications filed by him(Exts. P8 and P9) may be dismissed as not-pressed. Acting on the said application, a learned Judge of this Court by the judgment under appeal, disposed of the writ petition permitting the withdrawal of Exts. P8 and P9 as prayed for by the 3rd Respondent herein.
Whether such an application seeking the withdrawal of the complaints can be filed after the competent authority, i.e. the Election Commission, acting on the complaint recorded finding that an elected member had incurred disqualification on the ground of defection is permissible or not, is a question which is required to be examined in detail. We do not propose to examine the said question in the instant appeal, in view of the fact that even during the pendency of the writ petition itself, the factual grievance of the writ Petitioners (Respondents 1 and 2 herein) abated by virtue of the efflux of time. The Respondents suffered the disqualification of full six years during the pendency of the writ petition.
In the circumstances, leaving open the question of law indicated above, we close the writ appeal, as no grievance of Respondents 1 and 2 survived for adjudication in the writ petition.