IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 10316 of 2009(H) ---------------------------------------- PETITIONER(S): ------------------------ G.WILSON, MEMBER, WARD NO.XI, VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM, NEYYATTINKARA TALUK, RESIDING AT MUKKUVANKUZHIYAYAVATTAVILA VEEDU, MUKKOLA, VENGANOOR P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.VADAKARA V.V.N.MENON RESPONDENT(S): ---------------------------- 1. SMT.ARUNTHA MOHAN, MEMBER, WARD NO.XVI, VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT, RESIDING AT MASS HOUSE, KOTTAPPURAM P.O. VIZHINJAM, THIRUVANANTHAPURAM DISTRICT. 2. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 3. THE VIZHINJAM GRAMA PANCHAYATH, OFFICE OF THE VIZHINJAM GRAMA PANCHAYATH, VIZHINJAM, REPRESENTED BY ITS SECRETARY. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.G.S.REGHUNATH R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. R4 BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10316/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 24/04/2008 IN CRL.M.P.NO.488/2008 PASSED BY THE SPECIAL JUDGE, THIRUVANANTHAPURAM. P2: COPY OF THE ORDER DTD. 18/02/08 IN CRL.M.P.NO.131/2008 PASSED BY THE SPECIAL JUDGE, THIRUVANANTHAPURAM. P3: COPY OF THE ORDER DTD. 23/06/08 PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT. P4: COPY OF RESOLUTION NO.CONFIDENCE MOTION DTD. 15/07/08 WITH NOTICE DTD. 15/07/08 CONNECTED WITH THE SAME. P5: COPY OF THE REPORT SENT BY THE SECRETARY ATHIYANNOOR BLOCK WITH 9 PAGES OF MINUTES BOOK OF THE PANCHAYATH. P6: COPY OF THE MINUTESBOOK OF THE PANCHAYATH DTD. 28/08/2008 IN CONNECTION WITH THE PRESIDENTIAL ELECTION. P7: COPY OF THE WHIP DTD. 6/10/2005 IN FAVOUR OF THE N.A.RASHEED, CPI(M) MEMBER OF THE PANCHAYATH. P8: COPY OF THE DEPOSITION OF CHANDRA MOHANAN NAIR, FORMER VIZHINJAM PANCHAYATH SECRETARY. P9: COPY OF THE ORIGINAL PETITION DTD. 8/08/2008 WITH AFFIDAVIT FILED BY THE 1ST RESPONDENT. P10: COPY OF THE OBJECTION FILED BY THE PETITIONER IN EXT.P9 PETITION. P11: COPY OF THE WHIP DTD. 28/07/08 FALSELY ALLEGED TO BE RECEIVED BY THE WIFE OF THE PETITIONER. P12: COPY OF THE DEPOSITION OF PW2 IN O.P.NOS.111 TO 113/2008. P13: COPY OF THE DEPOSITION OF RW2 IN O.P.NOS.111 TO 113/2008. Kss ..2/- ...2.... WPC.NO.10316/2009 H P14: COPY OF THE DEPOSITION OF PW1 IN O.P.NOS. 111 TO 113/2008. P15: COPY OF THE DEPOSITION OF P.NIZAMUDEEN WHO HAS DEPOSED THAT THE DIRECTION/WHIP WAS SERVED TO THE RELATIVES OF THE PETITIONER AND TWO OTHER CPI(M) THROUGH HIM. P16: COPY OF THE DECLARATION SUBMITTED BY THE L.D.F. CPI MEMBER S.SINDHU. P17: COPY OF THE DECLARATION SUBMITTED BY THE L.D.F.DIC(K) MEMBER A.FATHIMUTHU. P18: COPY OF THE ORDER DTD. 17/03/2009 PASSED BY THE 2ND RESPONDENT IN THE ELECTION PETITIONS 111 TO 113/2008. P19: COPY OF THE DEPOSITION OF RW4 IN O.P.NOS.111 TO 113/2008. P20: COPY OF THE PETITION/REPRESENTATION DTD. 13/04/2009 SUBMITTED BY THE PETITIONER BEFORE THE STATE & THE ELECTION COMMISSION. P21: COPY OF LETTER NO.1987/A/2009/SEC DTD. 8/04/2009 SENT BY THE 2ND RESPONDENT. P22: COPY OF LETTER NO.198/A/2009/SEC DTD. 17/04/2009 SENT BY THE 2ND RESPONDENT. P23: COPY OF NOTICE DTD. 18/04/2009 ISSUED BY THE RETURNING OFFICER, VIZHINJAM GRAMA PANCHAYATH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10316/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of June, 2010 J U D G M E N T The petitioner herein was a member from Ward No.XI of Vizhinjam Grama Panchayat. The challenge is against Ext.P18 order passed by the Election Commission in various original petitions filed before the Commission seeking to disqualify certain members of the Panchayat including the petitioner herein. 2. The learned Standing Counsel for the Election Commission submitted that the connected writ petitions have been dismissed by a Division Bench of this Court, by a Common Judgment in W.P.(C).Nos.9210/2009 and 9221/2009 and W.A.Nos.920/2009 and 901/2009. It is further pointed out that subsequent elections have been held in the respective wards. 3. In the light of the fact that the Division Bench has upheld the common orders passed by the Election Commission, adopting the same findings the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms