Dinachandran B. v. The Secretary, Sooranad Thekku
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 34998 of 2015 (Y) ---------------------------- PETITIONER(S):
----------------- DINACHANDRAN B., AGED 40 YEARS S/O.BALAKRISHNA PILLAI VALLIYATHU KIZHAKKATHIL, AYIKUNNAM, SASTHAMCOTTA P.O., KOLLAM DISTRICT.
BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SRI.K.R.RAMESH SMT.B.SABITHA (DESOM) SMT.S.SUCHITRA KUM.SHAHINA HAMEED RESPONDENT(S):
------------------- 1.
THE SECRETARY, SOORANAD THEKKU GRAMA PANCHAYATH KOLLAM DISTRICT - 690 522.
2.
THE RETURNING OFFICER, SOORANAD THEKKU GRAMA PANCHAYATH, KOLLAM DISTRICT - 690 522.
3.
THE ELECTION OFFICER, SOORANAD THEKKU GRAMA PANCHAYATH KOLLAM DISTRICT - 690 522.
4.
THE STATE ELECTION COMMISSION, PALAYAM STATE ELECTION COMMISSION OFFICE, THIRUVANANTHAPURA - 695 001.
5.
THE DISTRICT ELECTORAL OFFICER, DISTRICT COLLECTOR, KOLLAM DISTRICT - 690 011.
6.
THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
WP(C) No.34998/2015 : 2 :
7.
DARSANAN PILLAI.M., AGED 26 YEARS, S/O.MOHANAN PILLAI, DARSAN BHAVAN, AYIKUNNAM, SASTHAMCOTTA P.O., KOLLAM - 690521. R6 BY SR.GOVERNMENT PLEADER SMT.SANJEETHA.K.A. R2, 4, 5 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION. R7 ADV. SRI.RENJITH THAMPAN (SR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) No.34998 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :
TRUE COPY OF THE RELEVANT PORTIONS OF THE VOTERS LIST INCLUDING THE NAMES OF THE CANDIDATES.
EXHIBIT P2 :
TRUE COPY OF THE CANDIDATES IDENTITY CARD ISSUED AFTER ACCEPTANCE OF THE NOMINATION ISSUED BY THE RETURNING OFFICER.
EXHIBIT P3 :
TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SIXTH RESPONDENT ON 14.11.2015.
EXHIBIT P4 :
TRUE COPY OF THE ACKNOWLEDGED COPY ISSUED BY THE SIXTH RESPONDENT TO THE PETITIONER DATED 16.11.2015. EXHIBIT P5 :
TRUE COPY OF THE NEWS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 13.11.2015.
RESPONDENT(S) EXHIBITS NIL.
//TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.34998 of 2015 --------------------- Dated this the 19th day of November, 2015
J U D G M E N T
Heard the counsel for the petitioner, Standing Counsel on behalf of respondents 2, 4 and 5, Senior Government Pleader on behalf of respondent No.6 as well as the Senior Counsel on behalf of respondent No.7.
2. The parties are at variance as to whether the 7th respondent subscribed to a proper oath while assuming office as a member of Sooranad Thekku Grama Panchayat. It is now reported that the 7th respondent has since been elected as the President of the said Panchayat today.
3. The petitioner is free to challenge the election of the 7th respondent as the President under Section 153(14) of the Kerala Panchayat Raj Act, 1984. The incidental question as to whether the 7th respondent subscribed to an oath properly as a member of the Panchayat can also be gone into in the proceedings.
4. The Writ Court is not the proper forum to consider such disputed facts unlike in an Election Petition where the parties can adduce evidence.
W.P(C) No.34998 of 2015 The Writ Petition is dismissed without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.
nj/19.11.15