Sindhu Muyyazhi v. Usha V.T.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 OP(C).No. 269 of 2015 (O) -------------------------- OP(ELECTION) NO. 421/2010 OF DISTRICT COURT, KOZHIKODE ----------------- PETITIONER :
-------------------- SINDHU MUYYAZHI W/O.SURESH, AGED 38 YEARS MUYYAZHI HOUSE, PALAYAD NADA P.O., PALAYAD AMSOM, MEENATHUKARA DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS :
---------------------------
1. USHA V.T., AGED 51 YEARS D/O.CHAPPAN, THEKKE KUNNUMPURATH, KEEZHUR P.O., THRIKKOTTUR AMSOM AND DESOM, VADAKARA TALUK KOZHIKODE DISTRICT, PIN-673503.
2. BINITHA KURUMANNIL, AGED 42 YEARS W/O.RAJAN KURUMANNIL, KEEZHUR, MELADI AMSOM KEEZHUR DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT PIN-673 503.
3. AYISHA PUTHUKKUL, AGED 37 YEARS W/O.SIRAJ ANSAR, KOTTAKKAL IRIGNAL AMSOM AND KOTTAKKAL DESOM, VADAKARA TALUK KOZHIKODE DISTRICT, PIN-673503.
4. RETURNING OFFICER (DISTRICT COLLECTOR) NO. 11, KOZHIKODE DISTRICT PANCHAYATH, CIVIL STATION P.O., KOZHIKODE-673020
5. C.K. MOHANAN RETURNING OFFICER, B 123, THODANNUR BLOCK PANCHAYATH (DEPUTY COLLECTOR, VIGILANCE NORTH ZONE), NEDUNGOTTUR AMSOM DESOM CIVIL STATION, KOZHIKODE, PIN-673020 (STRIKE OFF) ...2/-
OP(C).No. 269 of 2015 (O) -2-
6. STATE ELECTION COMMISSION ELECTION COMMISSION OFFICE THIRUVANANTHAPURAM-695001 (STRIKE OFF)
7. KOZHIKODE DISTRICT PANCHAYATH DISTRICT PANCHAYATH BHAVAN, CIVIL STATION P.O., KOZHIKODE-673020, NEDUNGOTTUR AMSOM DESOM REPRESENTED BY SECRETARY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-
OP(C).No. 269 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT. P1:- TRUE COPY OF O P ELECTION NO 421/2010 PENDING ON THE FILE OF THE LEARNED DISTRICT COURT, KOZHIKODE.
RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 269 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of February, 2015
J U D G M E N T
The election of the first respondent in O.P.(Election) No.421/2010 was put in issue by the petitioner before the court concerned under Sections 88, 89, 102(1), (a)(1)(d)(iii), (iv), 103(a) of the Kerala Panchayat Raj Act. 2.
The grievance of the petitioner is that the evidence was taken long ago and under the pretext of adducing evidence, respondents wanted to examine a witness to whom summons was issued but he could not be examined due to various reasons given by the first respondent. The matter is therefore being unnecessarily dragged on to prejudice of the rights of the petitioner. The petitioner apprehends that if this is allowed to continue, the period of election would be over and no purpose would be served by the petition, even if the petitioner is able to succeed in the same. Under these circumstances, the
O.P.(C) No. 269 of 2015 -2petitioner prays for a direction to the court below to take immediate steps and have the matter disposed of. 3.
There seems to be genuine grievance as far as the petitioner is concerned. The petition is of the year 2010 and as going by the statutory provision, this petition is to be disposed of within six months from the date of filing of O.P.. Almost more than 4 years have elapsed.
4.
In the light of the order that is proposed to be passed on this petition, it is felt that notice to the respondents is unnecessary.
This petition is disposed of directing the court below to complete the trial within a period of one month from today and dispose of the O.P. within two weeks thereafter. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge