IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10995 of 2009(T) -------------------------- PETITIONER(S): --------------- SMT. OMANA MENON, AGED 48, W/O. K.VIJAYACHANDRA MENON, HOUSE NO.VIII/2358, PARAPPALLY MADOM, GUJARATHI ROAD, MATTANCHERY, ERNAKULAM. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): --------------- 1. THE ELECTION COMMISSION OF INDIA, REPRESENTED BY THE CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, NEW DELHI. 2. THE STATE ELECTION COMMISSIONER, OFFICE OF THE STATE ELECTION COMMISSION, LEGISLATIVE ASSEMBLY BUILDINGS, THIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10995 of 2009 --------------------------------- Dated, this the 3rd day of April, 2009 J U D G M E N T The prayer sought in the writ petition is as follows :- “a) Issue a writ of mandamus or appropriate Writs, directions or orders directing the Respondents to consider Exts.P1 and P2 and to provide the statutory requirement contained in Rule 49-O of the Conduct of Election Rules 1961 within a time limit prescribed by this Hon'ble Court at any rate on or before 16th April, 2009 in Ernakulam Lok Sabha Constituency. b) Issue a writ of mandamus or appropriate writs, directions or orders directing the Respondents to provide the requirement contained in Rule 49-O of the Conduct of Election Rules, 1961 in the election to be held on 16/04/2009.” 2. It is seen from the statement filed by the respondents that identical question came up before the Division Bench of this Court in WP(C) No.6142/2009. That writ petition was disposed of by Annexure A judgment dated 25/02/2009. In the judgment, the Division Bench taking note of the pendency of the matter before the Larger Bench of the Apex Court held that the course open to the petitioner is to get himself impleaded in the proceedings pending before the Apex Court and that the relief, if any, is granted will WP(C) No.10995/2009 -2- govern the case of the petitioner. In the light of the above judgment, the writ petition is closed. (ANTONY DOMINIC, JUDGE) jg