IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 31095 of 2004(B) -------------------------- PETITIONERS: --------------- 1. VALSALA PRASANNAKUMAR, MEMBER, WARD NO.5, NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DISTRICT, R/A. PANCHAVALLIL HOUSE, PALLAMTHURUTH ROAD, NORTH PARAVOOR 683 513. 2. M.J.RAJU, MEMBER WARD NO.2. NORTH APRAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. R/A. MALIEKKAL HOUSE, CONVENT ROAD, NORTH PARAVOOR. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.P.RAJKUMAR SRI.T.S.ARUNKUMAR SRI.SAGAR P.U. SRI.SARATH CHANDRAN. K SRI.RUSSEL VARGHESE RESPONDENTS ---------------- 1. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. B.MAHESH, MEMBER, WARD NO.19, NORTH PARAVOOR MUNICIPALITY, ERNAKULAM DISTRICT. 3. NORTH PARAVOOR MUNICIPALITY, NORTH PARAVOOR, REP. BY ITS SECRETARY. ADV. SRI.T.P.KELU NAMBIAR (SR.) FOR R2 SRI.P.A.AHAMMED, SC, KSE COMMN. FOR R1 SRI.T.A.SHAJI FOR R3 SRI.V.G.ARUN FOR R2 SRI.C.A.MAJEED,SC,STATE ELECTION COMMIS FOR R1 SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 SRI.S.RAMESH BABU FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31095/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE NOTICE DT.25.4.2003 ISSUED BY THE SECRETARY. EXT.P2: COPY OF THE NOTICE ISSUED BY THE PRESIDENT OF THE ERNAKULAM D.C.C. DT.30.4.2003. EXT.P3: COPY OF THE RELEVANT EXTRACT OF THE DECISION TAKEN IN THE MEETING HELD ON 7.5.2003 IN REGARD TO THE ELECTION OF T.K.UDAYABHANU AS PARLIAMENTARY PARTY LEADER. EXT.P4: COPY OF THE LETTER DT.7.5.2003 OF THE PRESIDENT OF THE ERNAKULAM D.C.C. EXT.P5: COPY OF THE LETTER DT.8.5.2003 ADDRESSED TO R3 BY THE ERNAKULAM D.C.C. (I) PRESIDENT. EXT.P6: COPY OF THE PROCEEDINGS OF MEETING HELD ON 30.5.2003. EXT.P7: COPY OF THE WIP ISSUED BY SRI.T.K.UDAYABHANU ON 17.5.2003. EXT.P8: COPY OF THE PETITION O.P.NO.42/2003 FILED BY R2 BEFORE R1. EXT.P9: COPY OF THE PETITION O.P.NO.43/2003 FILED BY R2 BEFORE R1. EXT.P10: COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER HEREIN BEFORE R1 IN O.P.NO.42/2003. EXT.P11: COPY OF THE OBJECTION DT.1.8.2003 FILED BY THE 2ND PETITIONER BEFORE R1 IN O.P.NO.43/2003. EXT.P12: COPY OF THE COMMON ORDER DT.19.10.2003 PASSED BY R1 IN O.P.NO.42/2003& 43/2003. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.31095 OF 2004 ---------------------------------------- Dated this the 7th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioners challenge Ext.P12 order of the Election Commission disqualifying them from contesting any elections to the local body for a period of six years. The petitioners incurred the said disqualification on the finding that they have committed defection. The 2nd respondent herein, who moved the application to disqualify the petitioners, has filed an affidavit stating that the application filed by him may be dismissed as not pressed, so that, the impugned order will collapse. The 1st respondent has filed a statement in this writ petition. To satisfy whether this submission by the 2nd respondent if allowed will result in any injustice, I heard the matter on merit, for sometime. Thereupon, I was satisfied that the petitioners were not defectors, but, they were acting as per the instructions of the official functionaries of the Congress Party. So, I felt that, if the prayer of the 2nd respondent is allowed, it will advance only W.P.(C) No.31095/2004 2 justice. Accordingly, Exts. P8 and P9 are allowed to be withdrawn and Ext.P12 is set aside. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) ps