IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4297 of 2008(J) ------------------------- PETITIONER: ------------ 1. VINODKUMAR, VOTER, WARD NO.14 KODUVALLY GRAMA PANCHAYAT, KOZHIKODE. 2. MOHAMMED, WARD NO.2 KODUVALLY GRAMA PANCHAYAT, KOZHIKODE NEW DALE, VAVAD, KODUVALLY P.O., KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ------------- 1. THE SECRETARY, KODUVALLY GRAMA PANCHAYAT KODUVALLY. 2. C.P.FAIZAL, MEMBER KODUVALLY GRAMA PANCHAYAT, KOZHIKODE. 3. POOKKOTTIL SADANANDAN, MEMBER KODUVALLY GRAMA PANCHAYAT, KOZHIKODE. 4. THE KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM. BY SC SRI.MURALI PURUSHOTHAMAN ( KSE COMMN) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO.4297 of 2008 ---------------------------------- Dated this the 6th day of February , 2008 JUDGMENT The case of the petitioners is that with the object of circumventing the adverse order, which may be passed against them by the State Election Commission, respondents 2 and 3 against whom this court passed Ext.P3 judgment are making arrangements to resign as members of the Panchayat. 2. I do not propose to examine the correctness of the above case. But since Exts.P5 and P6 have already been submitted by the writ petitioners in respect of respondents 2 and 3 respectively, it is only appropriate that the first respondent takes an early decision on Ext.P5 and P6 with notice to respondents 2 and 3. Under the above circumstances, without expressing any opinion on the merits of the various grounds raised, I dispose of this Writ Petition directing the first respondent to take up Exts.P5 and P6 immediately, issue notice to respondents 2 and 3, hear the petitioners as well as respondents 2 and 3 and pass orders on Exts.P5 and P6. Orders, as directed above shall be passed at the earliest and at any WPC No.4297/2008 2 rate within seven days of receiving a copy of this judgment. Till such time as orders are passed on Exts.P5 and P6, the Secretary will not pass any orders accepting resignation, if any, submitted by respondents 2 and 3. PIUS C. KURIAKOSE, JUDGE. dpk