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High Court of KeralaWP(C)/16275/2015disposed of

Mathews Geroge v. The State Election Commission

2015-06-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 16275 of 2015 (H) --------------------------------------- PETITIONER(S):

----------------------- MATHEWS GEROGE, AGED 50 YEARS, S/O.GEORGE, KAVALAM HOUSE, KURISUMOOD P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S):

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1. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM - 33.

2. SATHEESH AIKKARA, AIKKARA HOUSE, PERUNNAI P.O., CHANGANASSERY, KOTTAYAM DISTRICT - 686 102.

R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 16275 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE PETITION BEFORE THE IST RESPONDENT FOR DISQUALIFY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.16275 of 2015 -------------------------------------- Dated this the 2nd day of June, 2015.

JUDGMENT

The petitioner has filed this writ petition for a direction to the State Election Commission for an early disposal of Ext.P1 petition.

2.

The petitioner is the petitioner in O.P.No.114 of 2014 pending before the first respondent. The petitioner alleges that the said petition was filed before the 1st respondent for a declaration that the second respondent committed defection and hence she is disqualified to continue as councilor of Changanassery Municipality and also for a declaration that the respondent is disqualified for a period of 6 years to contest in any election to the local bodies. Ext.P1 was filed as early as in October 2015. The petitioner's evidence was over in March 2015. The petitioner further alleges that the second respondent is seeking adjournments to adverse her evidence with the ulterior motive of prolonging

W.P.(C) No.16275 of 2015 -2the matter till the next election to the local bodies. The next election to the local bodies are scheduled in September, 2015. It is with this background the petitioner has come up before this Court.

2.

The learned Standing Counsel for the State Election Commission, on instructions, submitted that the petitioner's evidence was over and now the case stands posted for production of witness schedule by the respondent on 3.6.2015. As the learned Election Commission is earnestly proceeding with the consideration of Ext.P1, the writ petition is disposed of expressing the hope that the learned Election Commission shall dispose of the same, as expeditiously as possible.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.