IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19857 of 2010(F) -------------------------------- PETITIONER: -------------- V.R.BALAKRISHNAN, AGED 53 YEARS, S/O.RAMANKUTTY, VALIYA PARACKAL HOUSE, CHENKARA P.O., KUMILY. BY MS.A.K.PREETA, ADVOCATE. MR.M.R.RAJESH, ADVOCATE. RESPONDENTS: ------------------ 1. KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-695605. 2. SHIYA SAKHEER, W/O.SAKHEER HUSSAIN, KINATTUMKARAYIL, VALIYAKANDOM, KUMILY-685403. BY MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19857 OF 2010 --------------------------------------- Dated this the 25th day of June, 2010. J U D G M E N T This writ petition is filed seeking for a direction to the Election Commission to dispose of O.P.No.44/2009 (Exhibit P1) within a time limit. It is submitted that the said Original Petition was filed under the Kerala Local Authorities (Prohibition of Defection) Act seeking to disqualify the 2nd respondent from the membership of the Panchayath. 2. Learned Standing Counsel for the 1st respondent has filed a statement. It is pointed out therein that O.P.No.44/2009 and O.P.No.45/2009 are two Original Petitions filed by the writ petitioner before the Election Commission. There is no joint trial application also. The matters were being posted from time to time from 12.06.2009 and the next posting date is 29.06.2010. It is pointed out that the State Election Commissioner is also the Chairman of the State Delimitation Commission. It is also mentioned in the statement that out of the 33 W.P.(C) No.19857/2010 2 postings, the petitioner himself had sought adjournments in 11 occasions. Therefore, it cannot be said that there was any delay on the part of the Commission in not disposing of the Original Petitions as complained of by the petitioner. It is further submitted that the Commission will dispose of the above Original Petitions expeditiously and in accordance with the priority and seniority of cases. The same is recorded. This writ petition is disposed of accordingly. T.R. RAMACHANDRAN NAIR JUDGE smp