IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 22072 of 2009(D) -------------------------- PETITIONER(S): --------------- REGI FRANCIS, MEMBER WARD NO.2 ELIKULAM GRAMA PANCHAYATH, KOORALI.P.O. PONKUNNAM, KOTTAYAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTION COMMISSION REP. BY ITS SECRETARY LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM. 2. SMT. SUMAGALDEVI JAYAKRISHNAN, PRESIDENT AND MEMBER WARD NO.9 ELIKULAM GRAMA PANCHAYATH, KOORALI.P.O. PONKUNNAM KOTTAYAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22072 OF 2009 ............................................ DATED THIS THE 13TH DAY OF AUGUST, 2009 JUDGMENT The petitioner filed a petition before the Election Commission seeking that the second respondent be declared as disqualified. The allegation is that there is delay in the final disposal of that case. The election commission has placed on record a detailed statement which would show that good number of adjournments were taken by the petitioner for whatever be the reason. It also discloses that the evidence of the petitioner was completed by examination of PW3 and PW4 only on 6.8.2009, that is, two days after filing of this writ petition. It is essentially uncharitable to accuse the election commission for any delay in the matter. As of now, the case is listed on 13.8.2009 and there is no reason to assume that the election commission would drag on the matter. A couple of adjournment were as a result of either the Advocates being on strike or on account of their not turning up owing to harthal. These are vicissitudes that could not be passed on to the statutory authorities. Under such Wpc 22072/2009 2 circumstances, all that needs to be said is that the election commission would consider expediting the final disposal, having regard to the fact that elections to the local bodies is likely to be in near future. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/13/8