IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WA.No. 1731 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.31095/2004 Dated 07/11/2008 .................... APPELLANT/1ST RESPONDENT: ---------------------------------- STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, L.M.S. JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM RESPONDENTS/WRIT PETITIONERS AND RESPONDENTS 2 & 3: --------------------------------------------------------------------- 1. VALSALA PRASANNAKUMAR, MEMBER, WARD NO.5 NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DIST. RESIDING AT : PANCHAVALLIL HOUSE, PALLAMTHURUTH ROAD, NORTH PARAVOOR - 683513. 2. M.J.RAJU, MEMBER, WARD NO.2, NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DISTRICT, RESIDING AT : MALIEAKKAL HOUSE, CONVENT ROAD, NORTH PARAVOOR. 3. B.MAHESH, MEMBER, WARD NO.19, NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 4. NORTH PARAVOOR MUNICIPALITY, NORTH PARAVOOR, REPRESENTED BY ITS SERETARY. WA.No. 1731 of 2009 ADDL. 5. N.A. ALI, AGED 63 YEARS, S/O.ABDUL REHIMAN, NADUVILEPARAMBIL HOUSE, CANAL ROAD, N. PARUR, ERNAKULAM. ADDL. 6. A.R. BOSE, AGED 60 YEARS, S/O.RAMAN PILLAI,KUTTIKKATTU HOUSE, CANAL ROAD, N. PARUR, ERNAKULAM. (ADDL.R5 & R6 IMPLEADED AS PER ORDER DATED 16.12.2009 IN I.A. NO.1224 OF 2009). R1 & R2 BY ADV. SRI. K. RAMAKUMAR(S) SRI.T. RAMAPRASAD UNNI. R3 BY ADV. SRI. T.P. KELU NAMBIAR(SR) SRI. V.G. ARUN R4 BY ADV. SRI.T.A.SHAJI, SC. ADDL.R5 & R6 BY ADV. SRI.S.RAMESH BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1731 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2011 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 07.11.2008 in W.P. (C) No.31095 of 2004, the 1st respondent therein (State Election Commission) preferred the instant appeal. 2. The respondents herein filed the abovementioned writ petition challenging an order (marked as Ext.P12 in the writ petition) by which the appellant herein disqualified the respondents from contesting any election to any local body in the State of Kerala for a period of six years. Such an order came to be passed on the basis of complaints marked as Exts.P8 and P9 filed by the 3rd respondent herein alleging “defection” on the part of the respondents 1 and 2 herein. 3. However, when the writ petition came up for hearing, the 3rd respondent herein filed an affidavit stating that the applications filed by him(Exts.P8 and P9) may be WA No. 1731 of 2009 -:2:- dismissed as not-pressed. Acting on the said application, a learned Judge of this Court by the judgment under appeal, disposed of the writ petition permitting the withdrawal of Exts.P8 and P9 as prayed for by the 3rd respondent herein. 4. Whether such an application seeking the withdrawal of the complaints can be filed after the competent authority, i.e. the Election Commission, acting on the complaint recorded finding that an elected member had incurred disqualification on the ground of defection is permissible or not, is a question which is required to be examined in detail. We do not propose to examine the said question in the instant appeal, in view of the fact that even during the pendency of the writ petition itself, the factual grievance of the writ petitioners(respondents 1 and 2 herein) abated by virtue of the efflux of time. The respondents suffered the disqualification of full six years during the pendency of the writ petition. In the circumstances, leaving open the question of WA No. 1731 of 2009 -:3:- law indicated above, we close the writ appeal, as no grievance of respondents 1 and 2 survived for adjudication in the writ petition. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb