IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 5308 of 2009(O) ------------------------- OP.158/2005 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER(S): ------------------------ K.GANGADHARAN @ SUNDARAN, S/O.CHINNAKUTTAN NAIR, KAMBURATH VEEDU, POST FEROKE, KOZHIKODE DISTRICT. BY ADVS. MR.SAJU.S.A., MR.K.C.KIRAN. RESPONDENT(S): ---------------------------- P.RAMACHANDRAN NAIR, S/O.CHINNAN NAIR, 'SAPARYA', NALLUR, POST FEROKE, KOZHIKODE DISTRICT. BY ADV. MR.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5308/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE O.P.(ELECTION)NO.158/2005 MUNSIFF COURT, KOZHIKODE DTD. 25/10/2005. P2: COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN O.P.(ELECTION) 158/2005, MUNSIFF COURT, KOZHIKODE DTD. 07/01/2006. P3: COPY OF I.A.812/2008 IN O.P.(ELECTION) 158/2005, MUNSIFF COURT, KOZHIKODE DTD. 15/02/2008. P4: COPY OF THE COUNTER FILED BY THE PETITIONER IN EXT.P3 APPLICATION DTD. 18/02/2008. P5: COPY OF THE ORDER OF THE MUNSIFF OF KOZHIKODE IN I.A.812/2008 IN O.P.(ELECTION) 158/2005 DTD. 20/02/2008. P6: COPY OF THE JUDGMENT IN W.P.C.NO.(C) NO.7830/2008 DTD. 23/05/2008. P7: COPY OF THE ORDER IN I.A.812/2008 IN O.P.(ELECTION) 158/2005 DTD. 16/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.5308 OF 2009 -------------------------- Dated this the 16th day of July 2009 ------------------------------------- JUDGMENT The election of the petitioner as a member of Feroke Grama Panjayat was challenged by the respondent filing an election petition, O.P (Election) No.158/2005 before the Munsiff Court, Kozhikode. Noticing a defect in the petition as to nonendorsement of verification after listing the documents, petitioner moved an application for rectifying that mistake. That was allowed by the learned Munsiff. Ext.P5 is the copy of that order. Petitioner challenged that order before this court by filing a writ petition and it was disposed by judgment dated 23/05/2008. Ext.P6 is the copy of that judgment. This court setting aside Ext.P5 order directed the learned Munsiff to consider the application of the petitioner with reference to W.P.(C).No.5308 OF 2009 2 proviso under Order VI Rule 17 of the Code of Civil Procedure brought in by 2002 amendment. After such remission the learned Munsiff after hearing both parties allowed the application for correction. Ext.P7 is the copy of that order. Challenging the propriety and correctness of Ext.P7 order petitioner has filed the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. Perusing Ext.P7 order and the submissions made with reference to the materials produced with the writ petition, I find no impropriety or illegality in the order passed by the learned Munsiff permitting the respondent to correct or rectify the mistakes in the election petition with regard to the verification. After all a defect with respect to verification in the election petition is a curable one and not affecting the substantive rights of any of the parties in the proceeding. Challenge against Ext.P7 order cannot W.P.(C).No.5308 OF 2009 3 be sustained and I find no merit in the writ petition. It is submitted that the entire evidence in the petition has been recorded and at present it is posted for the arguments of the counsel appearing for the parties. Probably the petitioner wants to delay the hearing of the case so that he can complete the full term as a member of the panchayat. Whatever that be, in the given facts of the case I find the learned Munsiff has to dispose the election petition as expeditiously as possible at any rate within a period of one month from the date of receipt of a copy of this judgment. Both sides are to be given opportunity to lead arguments to substantiate their respective case. Hand over a copy of the order to the counsel on both sides on usual terms. Writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE // TRUE COPY // P.A TO JUDGE vdv