IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29839 of 2010(D) -------------------------- PETITIONER(S): -------------------- S.S.JAYAKUMAR, GEETHA NIVAS, ARALUMOODU P.O., ATHIYANNUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, (COUNCILOR, WARD NO.3 NEYYATTINKARA MUNICIPALITY). BY ADV. SRI.T.RAVIKUMAR RESPONDENT(S): ----------------------- 1. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE LOCAL ADMINISTRATION, REGIONAL JOINT DIRECTOR, QUILON. 3. THE RETURNING OFFICER, ASSISTANT DRUGS CONTROLLER, THIRUVANANTHAPURAM-35. 4. MR.SOMAN, COUNCILOR, WARD NO.15, (ELAVANIKKARA), NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. SRI.MURALI PURUSHOTHAMAN, SC, ELECTION COMMISSION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29839 OF 2010 (D) ===================== Dated this the 28th day of September, 2010 J U D G M E N T The prayer sought in the writ petition is to direct the 1st respondent to declare that the 4th respondent is not entitled to contest in the forthcoming election to the Neyyattinkara Municipality on the ground that he had voluntarily incurred disqualification. 2. The pleadings in the writ petition show that proceedings seeking disqualification viz., OP No.12/2009 is pending consideration of the Election Commission, and it is at that stage, the election has been declared and this writ petition has been filed. 3. Going by the provisions of the Act, only on declaration of disqualification by an order of the Election Commission, can a candidate suffer disqualification. Therefore, at this stage, the writ petition filed is premature. In that view, I am not persuaded to grant the relief sought for. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp