IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9977 of 2008(K) ------------------------- AGAINST THE ORDER DATED 23/10/2007 IN IA 350/07 IN CMA.74/2007 of DISTRICT COURT, KALPETTA .................... PETITIONER: -------------------- V.D.JOSEPH, AGED 54 YEARS, SON OF SHRI. DEVASSIA, RESIDING AT VAZHAYIL HOUSE, P.O.MANALVAYAL, PULPALLY, WAYANAD DISTRICT (MEMBER POOTHADI GRAMA PANCHAYAT IN WARD NO.7 - CHUNDAKOLLY) BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ------------------------- 1. T.K. MOHANAN, AGED 49 YEARS, SON OF KUNJU, THONIKUZHI HOUSE, MANALVAYAL -POST, IRULAM, SULTAN BATHERY TALUK, WAYANAD DISTRICT. 2. THE STATE ELECTION COMMISSION, REPRESENTED BY THE SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE RETURNING OFFICER, POOTHADI GRAMA PANCHAYAT (DISTRICT TOWN PLANNER WAYANAD) R2 & R3 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9977 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the District Judge, Kalpetta whereby she had granted only a limited stay in an election proceedings. The writ petitioner herein has been permitted to participate in the meetings and proceedings of the Panchayath without exercising any voting right and further the Election Commissioner also is directed not to issue any fresh notification pursuant to the order dated 8.10.07 to the Munsiff, Sulthan Bathery until further orders. The learned District Judge has in her mind the decision reported in Padmakumar v. Unnikrishnan (2004 (1) KLT 1097) wherein the learned judge of this Court held that the moment the order declaring the election as void it comes into effect. Then the Court also found that once an order has come into effect the question of staying the order of the lower Court does not arise under Section 107 of the W.P.C 9977 OF 2008 -:2:- Act. Then the Court held that there can be orders passed to preserve the right of parties but it may not be proper to have a blanket stay of the operation of the order. The learned District Judge has borne in mind the dictum laid down in the decision cited above and has passed an order which does not call for any interference. Therefore I dismiss the writ petition. But being an election matter if ultimately the writ petitioner is entitled to relief it shall not be unnecessarily postponed and therefore I direct the matter to be disposed of as expeditiously as possible at any rate before 31.5.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-