High Court of KeralaWP(C)/11200/2014dismissed as infructuous

C.A.M.A. Kareem v. The Kerala State Election Commission

2015-12-21Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 11200 of 2014 (Y) ---------------------------- PETITIONER:

------------------ C.A.M.A. KAREEM, CHIRAKKAL HOUSE, SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD DISTRICT.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.A.HAROON RASHEED RESPONDENTS:

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1. THE KERALA STATE ELECTION COMMISSION CORPORATION OFFICE BUILDING COMPLEX, L.M.S. JUNCTION, THIRUVANANTHAPURAM-695033.

2. IBRAHIM (VAPPU), THIYATTIL HOUSE, KARAKKAD, PALLIPPURAM, PATTAMBI, PALAKKAD DISTRICT, PIN 679313.

3. THE SECRETARY, ONGALLUR GRAMA PANCHAYAT, KALLDAIPETTA P.O.

PALAKKAD DISTRICT, PIN 679313.

R2 BY ADV. SRI.T.K.ANANDA KRISHNAN R3 BY ADV. SRI.BABU KARUKAPADATH R3 BY ADV. SMT.M.A.VAHEEDA BABU R3 BY ADV. SRI.K.A.NOUSHAD R3 BY ADV. SRI.P.U.VINOD KUMAR R3 BY ADV. SRI.KANDAMPULLY RAHUL R3 BY ADV. SRI.MITHUN BABY JOHN R3 BY ADV. SRI.J.RAMKUMAR R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11200 of 2014 (Y) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE PETITION FILED BY TH 2ND RESPONDENT BFORE THE FIRST RESPONDENT DATED 9-11-2012 IN O.P.NO. 108/2012.

EXHIBIT P2 - TRUE COPY OF THE COMMON ORDER DATED 11-04-2014 IN O.P.NOS. 108/2012 AND 109/2012 OF THE FIRST RESPONDENT. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE.

ncd

V.CHITAMBARESH, J.

--------------------- W.P (C) No.11200 of 2014 --------------------- Dated this the 21st day of December, 2015

J U D G M E N T

The resignation of the second respondent as a member of the Ongallur Grama Panchayat was the subject matter of Ext.P2 common order of the State Election Commission. The State Election Commission has found that the resignation was void and that the second respondent was entitled to continue as a member of the Panchayat. It is conceded that the petitioner continued as such till the term of the committee expired on 31.10.2015.

The Writ Petition has now become infructuous since the term of the Panchayat has already expired. The acts done by the second respondent as a member of the Panchayat however remain valid. This is in view of the de facto doctrine applied by the Supreme Court time and again.

The Writ Petition is dismissed as infructuous. Sd/- V.CHITAMBARESH, Judge.

nj/22.12.15