IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16716 of 2008(M) ----------------------------------------- (ELECTION OP NO.9/2005 OF THE PRINCIPAL MUNSIFF'S COURT, IRINJALAKUDA) PETITIONER: ---------------------- A.R. JAYACHANDRAN, AGED 41 YEARS, S/O ANAKATHIPARAMBIL RAMAN, EDATHIRINJI VILLAGE AND DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT: ----------------------- ANANTHAN MASTER, AGED 63 YEARS, ANDIKODE VEETTIL KRISHNAN, EDATHIRINJI P.O., PADIVOOR VILLAGE, MUKUNDAPURAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.16716 OF 2008 =========================== Dated this the 5th day of June, 2008 JUDGMENT Petitioner filed election O.P.9/2005 challenging election of respondent to Shiva Kumareswaram Ward in Padiyoor Grama Panchayat. The election was conducted on 24.9.2005. The election petition was subsequently dismissed for default on 9.3.2007 as petitioner was absent. Petitioner thereafter filed Ext.P3 petition to restore the same to file on 18.10.2007 along with a petition to condone the delay of six months and nine days. Both the petitions are pending before Munsiff Court, Irinjalakuda. This petition is filed under Article 227 of the Constitution of India for a direction to the Munsiff to dispose the petitions expeditiously. 2. The case of petitioner is that the balance period available to the respondent is less than two years and therefore learned Munsiff is to be W.P.(C)16716/2008 2 directed to dispose the petitions within a time framed. 2. Learned counsel appearing for petitioner was heard. 3. The election petition happened to be dismissed for default on 9.3.2007 on account of the failure of petitioner to appear and adduce evidence. Even as per the petition, petitioner was not in India and had gone abroad as he is employed therein and came back to India only in October, 2007. Even the application to restore the election petition which was dismissed for default, was filed after a delay of six months and nine days. In such circumstance, I do not find any justification on the part of the petitioner to rush up to this court to seek a direction to the Munsiff to dispose the petitions within a time framed. Learned Munsiff is directed to dispose the petitions expeditiously. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006