IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28402 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.609/2009 IN AS.61/2009 of D.C.& SESSIONS COURT,THODUPUZHA EP.9/2005 of MUNI-MAGI COURT, DEVIKULAM .................... PETITIONER(S): ---------------------------- SMT.JAYANTHI RAJAIAH, W/O.RAJAIAH, RESIDING AT NAGAMALLA DIVISION, UPPER SURIANELLY ESTATE, UDUMBANCHOLA TALUK. BY ADVS. MR.SIBY MATHEW, SMT.ANEY PAUL, MR.PHILIP J.VETTICKATTU, MR.B.PREMNATH (E). RESPONDENT(S): --------------------------- 1. SMT.SREEDEVI ANPURAJ, W/O.ANPURAJ, RESIDING AT UPPER SURIANELLY KARA, SURIANELLY P.O., CHINNAKANAL VILLAGE OF UDUMBANCHOLA TALUK. 2. SMT.ANTHONIAMMAL, AGED ABOUT 38 YEARS, W/O.SAMUTHRAPANDY, DO. DO. R1 BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., MR.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SMT.BOBY M.SEKHAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.28402 OF 2009 -------------------------- Dated this the 09th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of certiorari quashing Ext.P10. ii) Issue a direction to the District Court, Thodupuzha to dispose of A.S No.61/2009 at the earliest and till then stay all further proceedings in execution of the order of the Munsiff Court, Devikulam in Election Petition No.9/2005 dated 26/08/2009. iii) To permit the petitioner to continue as a member of the Devikulam Grama Panchayat pending disposal of A.S No.61/2009 pending before the District Court, Thodupuzha. W.P.(C).No.28402 OF 2009 Page numbers 2. The challenge raised in the petition is against Ext.P10 order passed by the learned District Judge, Thodupuzha declining the request of the petitioner for staying operation of the order passed in the Election Petition No.9 of 2005 of Munsiff Court, Devikulam, by which her election was set aside and the first respondent was declared as elected from ward No.5 of Chinnakanal grama panchayat. First respondent has entered appearance through counsel. Having regard to the submissions made and taking note of the facts and circumstances presented, I find the impugned order require to be interfered with since the challenges raised in the appeal by the petitioner deserve to be heard and disposed on its merits. The appeal itself will become infructuous if the order under challenge is given effect to before the appeal is heard and disposed of. In the place of Ext.P10 order, there will be a direction to keep in abeyance the operation of the impugned order passed by the learned Munsiff in Election O.P No.9/2005 dated W.P.(C).No.28402 OF 2009 Page numbers 26/08/2009 till disposal of A.S No.61/2009 on the file of the District Court, Thodupuzha. However, it is made clear that the petitioner can participate in the meetings of the panchayat and its committees, if she is a member in such committee, but cannot cast any vote or claim any renumeration for attending such meetings. 3. The learned District Judge is also directed to hear and dispose the appeal within eight weeks from the date of receipt/production of a copy of this judgment. There will be a further direction to the Munsiff, Devikulam to forward the records of the case to the District Court forthwith. Hand over a copy of the judgment to the counsel on both sides on usual terms. Writ petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE vdv