IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25408 of 2008(Y) ----------------------------------------- PETITIONER: --------------------- SHAJAHAN.S., S/O.SHAHUL HAMEED, AGED 28 YEARS, USHARA MANZIL, KANNAMCODE, ADOOR TALUK, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI. SAJJU .S. RESPONDENT: ------------------------ REJI MOHAMMAD.K.S., S/O.SHARAFFUDEEN, AGED 42 YEARS, REJI MANZIL, KANNAMCODE, ADOOR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 25408 OF 2008 ------------------------------------------ Dated this the 22nd day of August, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India for a direction to Munsiff, Adoor to consider the preliminary objection raised by petitioner against maintainability of the election petition filed by respondent. The argument of the learned counsel appearing for petitioner relying on the decision of this Court in Mohammed v. Munsiff, Tirur and Another (1984 KLT 648) is that Court is bound to consider at the initial stage the maintainability of the election petition and it shall not be relegated to the stage of hearing the petition and therefore learned Munsiff is to be directed to give a finding on the preliminary objection. 2. The election petition was filed on 24.10.2005. About three years expired thereafter. I do not find it necessary to give any direction at this belated stage to render a finding on the preliminary objection. If the petitioner was keen for an order on preliminary objection, he could have approached this Court WP(C)25408/08 2 much earlier. When the election petition is pending for three years there is no justification for protracting it further. It is more so because the period of elected representative will also expire within two years. Writ petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-