IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 2258 of 2010(F) ------------------------- PETITIONER(S): --------------- THOMAS KUNNAPPILLY, KUNNAPPILLY HOUSE NEAR T.B.,KANJIRAPPILLY PO, KOTTAYAM DISTRICT. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- 1. KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM. 2. JOB MICHAEL, NEDUMPARAMPIL, MALAKUNNAM PO,CHANGANACHERRY, KOTTAYAM DISTRICT. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2258 of 2010-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010. JUDGMENT The petitioner herein is the respondent in O.P.No.157/2008 pending before the Kerala State Election Commission, Thiruvananthapuram, which is one filed under Section 4(1) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999. It is contended that there were defects even at the stage of institution of the petition and accordingly the same was liable to be rejected by the Commission. The main prayer in the writ petition is to call for the records relating to Ext.P1 and to quash the same. 2. The Election Commission has filed a statement pointing out that the petitioner had filed I.A. No.14/2009 challenging the maintainability of the original petition, wherein by Annexure A order the Commission has found that the original petition is maintainable. 3. In that view of the matter, as the maintainability has already been found against the petitioner, no further orders are called for in the writ petition except making it clear that if the final order is adverse to the wpc 2258/2010 2 petitioner, he can challenge the validity of Annexure A also before this Court. The writ petition is therefore dismissed with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/