IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 21404 of 2004(W) -------------------------- PETITIONER: ------------ PONNAPPAN CHETTIAR, AGED 48 YEARS, S/O.CHINNAPPAN CHETTIAR, RESIDING AT NAMBOTHIL, WEST FORT, MAVELIKKARA P.O. BY ADV. SRI.S.VENKATASUBRAMONIA IYER(SR.) SRI.SHINOD G.P. SRI.RAM MOHAN.G. SRI.MANU.V. SRI.S.VENKATASUBRAMONIA IYER(SR.) RESPONDENTS: ------------- 1. KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. MAVELIKKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MAVELIKKARA. 4. KUNJUMOL RAJU, WARD NO.11, MUNICIPAL COUNCILLOR, MAVELIKKARA MUNICIPALITY, MAVELIKKARA. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 SRI.S.VIJAYAKUMAR FOR R3 SRI.K.V.RAJU FOR R4 SRI.RAJAN JOSEPH, ADDL.A.G. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, ALONG WITH WPC 21403 & 21405/2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX (WPC 21404/04) PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE KERALA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 11 OF 1999 EXT.P2 TRUE COPY OF COMMON ORDER DATED 13.7.2004 PASSED BY THE FIRST RESPOINDENT ON OP NOS. 57, 58 & 49 OF 2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------------------- W.P.C. No. 21404, 21403 & 21405 OF 2004 -------------------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. These connected cases are filed by Ex-Council members of the Municipality against declaring them disqualified on account of defection. Petitioners were disqualified to contest the election for six years. Since the period of Council is over, the main challenge in the WPCs has become infructuous. So far as the next question that is disqualification is concerned, it arises for consideration only if any election is held during the period of disqualification which is upto 2010. We do not think there is any need to decide this issue as of now because no election is under contemplation now. WPCs are accordingly closed leaving freedom to the petitioners to challenge the disqualification if they want to contest the election within that period, which arises only if there is any such election before 2010. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2