IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP(C).No. 416 of 2011(O) ------------------------------------ ( ELECTION OP 439/10 OF FIRST ADDITIONAL DISTRICT JUDGE, THRISSUR) ------------------------------------ PETITIONER ---------------------- SUJA JOHNSON, W/O.JOHNSON, AGED 39 YEARS RESIDING AT VELAPARAMBIL HOUSE, KANNAMKUZHI, VETTILAPARA P.O., PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.AJAY RESPONDENT(S): --------------------------- 1. THIRAVIYAM.P., W/O.PANNEER SELVAM, RESIDING AT TATA TEA ESTATE, MALAKKAPPARA P.O., PUDUKKAD DESOM, PARIYARAM VILLAGE,MUKUNDAPURAM TALUK, THRISSUR DISTRICT.-03 2. MINI BIJU, W/O.BIJU, CHEMMINIYADAN HOUSE KANNAMKUZHI, VETTILAPARA P.O., PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.-03 3. SREEDEVI M.K., S/O.PUSHPANGADAN, PULIKKAL HOUSE, VETTILAPARA P.O., PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.-03 4. THE RETURNING OFFICER, B-91, CHALAKKUDY BLOCK PANCHAYAT, (DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, THE COLLECTORATE, AYYANTHOLE, THRISSUR-3. R2 BY ADV.SRI. SHEEJO CHACKO R4 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts K.T.SANKARAN, J. ------------------------------ O.P.(C)No.416 OF 2011 ------------------------------ Dated this the 28 th day of February, 2011 JUDGMENT The petitioner filed Election OP No.439 of 2010 before the Court of the District Judge, Thrissur, in which the respondents herein are the respondents. The Election Petition was filed under Section 87, 102 and 103 of the Kerala Panchayat Raj Act. The Election Petition was filed on 24.11.2010. 2. It is stated that the respondents entered appearance on 14.1.2011. The District Court posted the case to 3.6.2011 for counter affidavit of the respondents. 3. The prayer in this Original Petition is to direct the First Additional District Judge, Thrissur to hear and dispose of Election OP No.439 of 2010 as expeditiously as possible, keeping in mind the mandate of Section 93(5) of the Kerala Panchayat Raj Act. O.P.(C)No.416 OF 2011 2 4. The learned counsel for the second respondent submitted that several facts are to be ascertained and details collected for the purpose of filing the counter in the Election O.P and therefore, the court below granted time till 3.6.2011 to file the counter. The court below exercised the discretion in the matter of adjournment and it cannot be interfered with the Original Petition filed under Article 227 of the Constitution of India. 5. Sub Section (5) of Section 93 of the Kerala Panchayat Raj Act provides that “every election petition shall be tried as expeditiously as possible and shall be disposed of within six months from the date on which the election petition is presented to the Court for trial”. Keeping in mind the mandate of Section 93(5) of the Act, I am not inclined to accept the contention raised by the learned counsel for the second respondent that the Original petition cannot be entertained to advance O.P.(C)No.416 OF 2011 3 the hearing of the Election O.P. In the facts and circumstances of the case, the Original Petition is allowed as follows: a) The respondents shall file their objections in Election OP No.439 of 2010 on or before 15.3.2011. b) The First Additional District Court, Thrissur shall post Election OP No.439 of 2010 on 16.3.2011. c) The First Additional District Court, Thrissur shall dispose of Election OP No.439 of 2010 as expeditiously as possible keeping in view the mandate of Section 93(5) of the Kerala Panchayat Raj Act. O.P.(C)No.416 OF 2011 4 However, in these facts and circumstances of the case, if the Court is not in a position to dispose of the case within six months, it shall dispose of the case as expeditiously as possible. K.T.SANKARAN, JUDGE. cms