IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 8024 of 2008(E) ------------------------------------ AS.71/2007 OF PRINCIPAL SUB COURT,KOCHI ................................................ PETITIONER: ------------------ BALAGOPALA B.PAI, S/O.LATE J.B.PAI, 8/37, PRABU BHAGH STREET, COCHIN-2. BY ADV. SRI.BABU PAUL RESPONDENTS: --------------------- 1. R.V. SADANANDA KAMMATH, S/O. VENKITESHWARA KAMMATH, 8/857, SHANTHI NAGAR, COCHIN-2. 2. THE COCHIN THIRUMALA DEVASWOM, GOSREEPURAM, COCHIN-2, REPRESENTED BY ITS PRESIDENT MR.A.B.PRABHU. 3. R. MOHANDAS, ELECTION OFFICER, COCHIN THIRUMALA DEVASWOM, GOSREEPURAM, COCHIN-2, FLAT NO.10, D.D.VILLAGE, MAY 1ST ROAD, THAMMANAM, COCHIN-32. BY ADV. SRI.S.B.PREMACHANDRA PRABHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 8024/2008 E APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE JUDGEMENT DT. 30/11/07. EXT.P2. COPY OF THE ORDER DT. 24/1/2008. EXT.P3. COPY OF THE NOTICE DT. 6/3/08. RESPONDENT'S EXHIBITS NIL. True copy tga M.N.KRISHNAN, J ===================== W.P.(C) No.8024 OF 2008 ===================== Dated this the 27th day of March 2008 JUDGMENT This writ petition is filed for a direction to quash Ext.P2. By Ext.P2 the Sub Judge, Kochi refused to stay the operation of the judgment invoking Order 41 Rule 5 C.P.C. The Civil Court by its judgment has declared the election of the 2nd defendant as void and he is restrained by a decree of permanent prohibitory injunction from acting as a member of the first respondent Devaswom. There is also a direction for the first defendant to conduct fresh election. Since the entire election is challenged and it is pending before the appellate court, some interim arrangements have to be made. It is true that when an election is declared void it takes effect on that moment and therefore there is nothing to be stayed therein. But, in such matters, when an appeal is filed in order to preserve the subject matter, some appropriate arrangements have to be made. Therefore, I feel till the disposal of the appeal, the following order can be passed: (1) The petitioner is permitted to continue as a member, but without any right of exercising vote in the meeting of the Board.(2) He shall W.P.(C) 8024/2008 -:2:- not be appointed as any member of the special committee and (3) the first defendant is directed not to initiate steps for the conduct of fresh election to fill the vacancy of this member till the appeal is disposed of, which order has to be followed by the 3rd defendant. Being an election matter, the court below is directed to hear and dispose of the appeal on or before 30.6.2008. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-