IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9369 of 2008(M) ------------------------- I.A.NO.3502/2007 IN E.A.15/2007 of DISTRICT COURT, TRIVANDRUM .................... PETITIONER: ------------ C.L.GEORGE, AGED 60 YEARS, S/O. CHRISTUDAS, RAJ VIHAR, KULANGARAKONAM, NARUVAMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENTS: ------------- 1. S.A. SAJI KUMAR, ROHINI NIVAS, MUKKUNADA, NARUVAMOODU P.O. 2. THE RETURNING OFFICER PALLICHAL GRAMA PANCHAYATH PALLICHAL P.O. THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.9369 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT This writ petition is preferred against the order in I.A.No.3502/07 in Election Appeal No.15/07. It was an application for stay and the learned District Judge granted a limited stay that the petitioner can participate in the meetings and proceedings of the Panchayath. But he cannot exercise any right of voting in any such proceedings and he shall not be assigned in the posting of any committee of the Panchayath and the Election Commission shall not proceed to issue any notification bye election pursuant to the judgment of the Additional Munsiff, Neyyattinkara. 2. The learned counsel would submit that this Court may interfere with the bar imposed by the District Judge in not permitting the writ petitioner to be assigned in the posting of any committee. The principle laid down in Padmakumar vs. Unnikrishnan (2004(1) KLT 1097) would indicate that where the election is declared void then it takes effect from that WPC 9369/08 2 moment and there is nothing to be stayed. But taking into convenience and also the difficulty that may arise the courts are moulding reliefs where by it allows the parties to participate in the meeting without voting right and also direct the Election Commission not to proceed with fresh allegations. When a person continues to be a member of a committee, he may have to act as a member and there will be a decision making process therein which shall not be permitted. Therefore, the learned District Judge was perfectly right in withholding that right also and therefore, I do not want to interfere with the decision of the court below and the writ petition is dismissed. M.N.KRISHNAN, JUDGE csl