IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21132 of 2009(J) -------------------------- PETITIONER: ------------------ MOHIN C.M. AGED 19 YEARS, S/O. MOHANAN C.K.CHITTANJOOR HOUSE, CHITTANJOOR PO, KUNNAMKULAM, ARTHAT VILLAGE, THALAPPILLY TALUK. BY ADV. SRI. C.PRABIN BENNY RESPONDENTS: ---------------------- 1. THE RETURNING OFFICER, COLLEGE UNION ELECTION 2009-10, SREE VIVEKANANDA COLLEGE, KIZHIOOR, KUNNAMKULAM,. 2. THE PRINCIPAL, SREE VIVEKANANDA COLLEGE, KUNNAMKULAM,. 3. THE MANAGER, SREE VIVEKANANDA COLLEGE, REP. BY THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. 4. DEAN OF STUDENTS WELFARE, CALICUT UNIVERSITY, CALICUT UNIVERSITY PO, THENJIPALAM., R3 BY MR. K.GOPALAKRISHNA KURUP, SC, COCHIN D.B R4 BY MR. P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) No.21132 of 2009 -------------------------- Dated this the 29th July,2009 J U D G M E N T Petitioner is a third year student of B.A Malayalam studying in Vivekananda College in Kunnamkulam of which the 2nd respondent is the Principal. By Ext.P1 notification, college election is scheduled to be held on 30.7.2009. Notification was issued on 9.7.2009. This writ petition has been filed seeking a direction to the 1st respondent, Returning Officer, to see that elections are conducted as notified in Ext.P1. There is also a prayer for a direction to the 3rd respondent to give adequate support to the 1st respondent for conducting the election. 2. Heard, learned counsel for the petitioner Sri.Prabin Benny, learned standing counsel for the University Sri.P.C Sasidharan and learned counsel for the College Sri. K.Gopalakrishna Kurup. 3. Sri.Gopalakrishna Kurup submits that another student of the college had moved the Munsiff’s Court, W.P ( C) No.21132 of 2009 2 Chavakkad in O.S No.560/2009 and had also moved for an order of injunction by I.A No.2750/2009. It seems that the learned Munsiff had passed an ad interim order of injunction against the conduct of election as per Ext.P1. The said order is not challenged in this writ petition. I cannot issue a direction to the respondents to disobey the order passed by another court of competent jurisdiction. Therefore, I am unable to issue any direction . 4. Learned counsel for the petitioner submits that the petitioner along with others had moved a Bench of this Cort in WPC No.21135 of 2009 seeking a direction to the police officials to give adequate protection at the time of election . 5. I have declined jurisdiction in this regard taking note of the fact that the learned Munsiff had passed an order of injunction against the conduct of election. In the aforementioned circumstances, writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.21132 of 2009 3 W.P ( C) No.21132 of 2009 4