IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 OP(C).No. 2661 of 2011(O) -------------------------------- IA 276/2011 IN OS.98/2008 of MUNISIFF COURT, PERAMBARA .................... PETITIONER ---------------- PERAMBRA HIGH SCHOOL SOCIETY, REPRESENTED BY ITS PRESIDENT, V.RAMACHANDRAN NAIR, VENKAYIL (HOUSE), PERAMBRA, KOZHIKODE DISTRICT, PIN-673 525. BY ADVS. SRI.K.P.SUDHEER SMT.M.SINDHU THANKAM RESPONDENT(S): --------------------- K.P.VENU, S/O.NARAYANAN NAIR, KIZHAKKE PARAMBIL (HOUSE), PERAMBRA, KOZHIKODE DISTRICT, PIN-673 525. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2661/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.98/2008 ON THE FILE OF THE MUNSIFF'S COURT, PERAMBRA DATED 18/07/2008. P2: COPY OF WRITTEN STATEMENT DATED 08/06/2009 FILED BY THE RESPONDENT IN O.S. NO.98/2008 ON THE FILE OF THE MUNSIFF'S COURT, PERAMBRA. P3: COPY OF THE INTERLOCUTORY APPLICATION DATED 24/05/2011 NUMBERED AS I.A. NO.276/2011 THE FILE OF THE MUNSIFF'S COURT, PERAMBRA. P4: COPY OF COUNTER STATEMENT DATED 27/05/2011 IN I.A. NO.276/2011 IN O.S. NO.98/2008 ON THE FILE OF THE MUNSIFF'S COURT PERAMBRA. P5: COPY OF ORDER DATED 27/05/2011 IN I.A. NO.276/2011 IN O.S. NO.98/2008 PASSED BY THE MUNSIFF'S COURT, PERAMBRA. P6: COPY OF BYE-LAWS OF THE PETITIONER SOCIETY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2661 of 2011 ==================================== Dated this the 12th day of August, 2011 J U D G M E N T Petitioner is the first defendant in O.S. No.98 of 2008 of the court of learned Munsiff, Perambra. That is a suit filed by the respondent for a declaration that the election held on 25.05.2008 to the Perambra High School Society is void and for other reliefs. It is stated that the term of the office of the Governing Body expired on 25.05.2011 and fresh election was held on 31.05.2011. On the eve of election, respondent filed a suit and applied for an order of temporary injunction to restrain proxy voting, etc. Learned Munsiff granted interim injunction as per order dated 27.05.2011 restraining proxy voting. Certain other directions were also issued by the learned Munsiff. Election was held on 31.05.2011. It is submitted that the panel of petitioner won the election and they have assumed office. On account of Ext.P5, order several members could not exercise their vote by proxy. Apprehension of petitioner is that if Ext.P5, order remains in force it may affect the coming election also. Hence Ext.P5 order is under challenge. There is also a prayer for a direction for early O.P(C) No.2661 of 2011 -: 2 :- disposal of the suit. 2. I do not think it necessary that this Court should interfere with Ext.P5, order in a proceeding under Article 227 of the Constitution. But if pre-trial steps in the suit are over there is no reason why learned Munsiff shall not dispose of the suit as early as possible since it is possible that if suit remained, in the coming election also the same issue regarding proxy voting in the election might arise. Original Petition is disposed of directing learned Munsiff to make every endeavour to dispose of O.S. No.98 of 2008, if pre- trial steps are over and there is no legal impediment in doing so, as early as possible. THOMAS P. JOSEPH, JUDGE. vsv