P.C.George, Mla v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 13113 of 2015 (S) ---------------------------- PETITIONER(S):

-------------------------- P.C.GEORGE, MLA AGED 62 YEARS PLATHOTTATHIL, ERATTUPETTA-2, KOTTAYAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE ELECTION COMMISSION OF INDIA, REPRESENTED BY THE SECRETARY, NIRVACHAN SADAN ASHOKA ROAD, NEW DELHI-110001.

3. THE CHIEF ELECTORAL OFFICER, KERALA LEGISLATIVE COMPLEX, PALAYAM THIRUVANANTHAPURAM-695033.

4. MR. K.M.MANI MINISTER OF FINANCE, LAW & HOUSING THIRUVANANTHAPURAM-695001.

5. MR. JOY ABRAHAM, M.P., MEZHUVANNOOR HOUSE, BHARANANGANAM MELAMPARA P.O, KOTTAYAM-686578.

6. MR. C.F.THOMAS, M.L.A. CHENNIKKARA HOUSE, ANGADI, CHANGANASSERRY KOTTAYAM-686501.

W.P (C) No. 13113/15 -2-

7. KERALA CONGRESS (M) REPRESENTED BY MR. K.M.MANI, THE CHIARMAN KERALA CONGRESS (M) STATE COMMITTEE OFFICE NEAR FIRE STATION, KOTTAYAM-686001.

8. THE CHIEF MINISTER OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695001.

R2&3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. BYSPL. GOVERNMENT PLEADER SRI.TOM K. THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13113 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE GUIDELINES EXHIBIT P2: TRUE COPY OF THELETTER DATED 28.2.2013 TOGETHER WITH THE LIST OF OFFICE BEARERS AND CONSTITUTION OF INDIA OF KERALA CONGRESS (M). EXHIBIT P3: TRUE COPY OF THE REPRESENTATION DATED 17.4.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 9.2.2009 IN WPC NO.4255/2009. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- Rp //True Copy// PA to Judge

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.P (C) No. 13113 of 2015 & I.A.No.7011 of 2015 ===================== Dated this, the 29th day of May, 2015

J U D G M E N T

Ashok Bhushan, CJ Learned counsel for the petitioner submits that in view of the fact that learned counsel appearing for 2nd respondent, the Election Commission, has already stated that notice has been issued by Election Commission on the representation filed by the petitioner, the writ petition may be closed without entering into any issues as raised in the writ petition.

2.

In the above view of the matter, we close the writ petition leaving all questions open.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PA to Judge