IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34531 of 2011(N) --------------------------------- PETITIONERS: ------------------ 1. ONGALLUR GRAMA PANCHAYAT, ONGALLUR, KALLADIPETTA P.O., PALAKKAD 679313 REPRESENTED BY ITS VICE PRESIDENT. 2. THE SECRETARY, ONGALLUR GRAMA PANCHAYAT, KALLADIPETTA P.O., ONGALLUR GRAMA PANCHAYAT, PALAKKAD 679313 BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.A.HAROON RASHEED RESPONDENTS: ---------------------- 1. THE KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE BUILDING COMPLEX, LMXL JUNCTION, THIRUVANANTHAPURAM-695 033. 2. SMT. AYSHABI, PARAMBIL HOUSE, P.O. KONDOORKKARA, PALAKKAD - 679 313. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R2 SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R-1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.34531/2011 APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF THE RESIGNATION LETTER DTD. 1/12/2011 ALONG WITH COVERING LETTER AND SUPPORTING DOCUMENTS SUBMITTED TO THE IST RESPONDENT BY THE 2ND RESPONDENT. EXT.P2 TUE COPY OF THE EXTRACT OF THE DECISION REGISTER MAINTAINED BY THE PANCHAYAT RECORDING THE RESIGNATION OF THE 2ND RESPONENT FROM 31/5/2011. EXT.P3 TRUE COPY OF THE ORIGINAL PETITION NO.140/2011 DTD. 6/12/2011 FILED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE AFFIDAVIT AND IA.NO.58/2011 IN OP.140/2011 DTD. 6/12/2011 FILEDL BY THE 2ND RESPONDENT TO THE IST RESPONDENT. EXT.P5 TRUE COPY OF THE STATEMENT FILED BY THE RESPONENT, HEAD CLERK MR.RAJMOHAN POTTY, SECRETARY-IN-CHARGE OF ONGALLUR GRAMA PANCHAYAT IN OP.NO.140/2011 DTD. 13/12/2011 BEFORE THE IST RESPONDENT. EXT.P6 TRUE COPY OF ORDER DTD. 20/12/2011 IN I.A.NO58/2011 IN OP.NO.140/2011 PASSED BY THE IST RESPONDENT. TRUE COPY P.S. TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.34531 OF 2011 ------------------------------- DATED THIS THE 21ST DAY OF DECEMBER, 2011 JUDGMENT Writ petition is filed seeking to quash Ext.P6 order passed by the lst respondent and for a declaration that the resignation took effect from 2/11/2011 i.e the date it was formally received by the Secretary. 2. The lst respondent passed Ext.P6 interim order directing the parties to maintain the present state of affairs, till the dispute regarding the alleged resignation of the petitioner is decided by the Commission. The lst respondent further permitted the petitioner to continue as President of Ongalloor Grama Panchayat, till the disposal of O.P.No.140/2011. 3. When the matter is taken up for consideration today, the learned counsel on both sides requests this Court to dispose of the writ petition by issuing direction to the lst respondent to consider and pass final orders on Ext.P3 original petition filed by the 2nd respondent -2- W.P.(C).No.34531/2011 herein within a time frame to be fixed by this Court. The learned counsel for the lst respondent submits that if this Court so direct, the matter can be disposed of within a period of three weeks. In the aforesaid facts and circumstances of the case, the writ petition is disposed of directing the lst respondent to consider and pass final orders on Ext.P3 original petition within a period of three weeks from the date of receipt of a copy of this judgment. All further proceedings pursuant Ext.P6 order are stayed, till the disposal of Ext.P3 original petition. Sd/- HARUN-UL-RASHID, JUDGE. kcv.