IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 1131 of 2011(N) -------------------------------------- PETITIONER(S): ----------------------- NAZIRUDHEEN V.A ,AGED 40 YEARS, S/O.MR. KHADER AHMED, RESIDING AT VATTAPPARA HOUSE UPPUTHARA PO, PEERUMEDU, IDUKKI DISTRICT. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR , CIVIL STATION, PAINAVU, IDUKKI DISTRICT.685 603 2. TAHSILDAR, TALUK OFFICE, PEERUMEDU,IDUKKI DISTRICT.685 603 3. VILLAGE OFFICER, UPPUTHARA, PEEERUMEDU TALUK, IDUKKI DISTRICT.685 603 R1 TO R3 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J ----------------------------- W.P.C.NO.1131/2011 ------------------------------- Dated this the 23rd Day of January 2012 JUDGMENT Prayer in this writ petition is to quash Ext.P1. Through Ext.P1, the 3rd respondent had cancelled the election conducted to the Area Development Society (ADS) of Ward No.19 of the Kizhakkambalam Grama Panchayath. It is evident from Ext.P1 that such an action was taken on the basis of a complaint received from 37 voters, alleging violation in the procedure contemplated for conduct of elections. 2. Going by Clause 19.1 of the Bye-laws and Guidelines formulated by the Govt. and notified in G.O.(P) No.272/2008/LSGD dated 13.10.2008, appeal is provided against the decision of the 3 respondent to the District Collector. The petitioner submits that against Ext.P1, she had already submitted Ext.P4 before the 2nd respondent. I am of the view that interest of justice will be served if a direction is issued to W.P.C.NO.1131/2011 2 the 2nd respondent to treat P4 as an appeal contemplated under Clause 19.1 of the above said Govt. Order and to dispose of the same at the earliest. 3. Therefore the writ petition is disposed of directing the 2nd respondent to consider and dispose of Ext.P4 after affording a reasonable opportunity of hearing to all parties concerned, at the earliest possible, at any rate, within a period of 2 weeks from the date of receipt of a copy of this judgment. 4. It is made clear that if re- election to the ADS has not so far been conducted, the same shall not be conducted till the disposal of Ext.P4. Sd/- C.K.ABDUL REHIM JUDGE /TRUE COPY/ PA TO JUDGE RKM