IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 21015 of 2008(B) -------------------------- OS.416/2008 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER: ------------ 1. KOYA AGED 58 YEARS, S/O KASIMKUNJU, RASKM MANZIL, LAJNATH WARD, ALAPPUZHA. 2. NOUSHAD, AGED 30 YEARS, S/O AZEEZ NAVROJI PURAYIDOM, LAJNATH WARD, ALAPPUZHA. BY ADV. SRI.C.KHALID SRI.R.O.MUHAMED SHEMEEM RESPONDENTS: ------------- 1. LAJNATHUL MOHAMMADIYA ASSOCIATION, LAJANATH WARD, ALAPPUZHA, REPRESENTED BY ITS GENERAL SECRETARY. 2. PRESIDENT, LEGNATHUL MOHAMMADIYA, LAJANATH WARD, ALAPPUZHA. 3. THE GENERAL SECRETARY, LAJANATHUL MOHAMMADIYA ASSOCIATION, LAJANATH WARD ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21015 of 2008 ------------------------------- Dated this the 11th July, 2008. J U D G M E N T This petition is filed under Article 227 of Constitution of India for a direction to Munsiff, Alappuzha, to dispose Ext.P7 petition (I.A.No.2385 of 2008 in O.S.416 of 2008). Ext.P7 is an application for appointment of an Advocate Commissioner as a Returning Officer, to conduct the election of first defendant association, in accordance with the original bye-law and also to appoint a Receiver for performing the day-to-day activities of the Association. The case of the petitioner that learned Munsiff originally appointed Advocate Shanes.P. as the Commissioner and Ext.P9 warrant was issued on 1.7.2008, with a direction to file report on 7.7.2008 and respondents filed I.A.No.2385/2008 to review that order, and learned Munsiff reviewed the earlier order on 8.7.2008 and posted the interlocutory application to August, 2008. The case of the petitioner is that even if the order is reviewed, learned Munsiff should have passed an order in I.A.No.2385/2008 and should not have adjourned to a longer date, by which respondents could conduct an election, which is sought to be prevented by filing the application. W.P.(C) No.21015 of 2008 2 2. The learned counsel appearing for the petitioners was heard. 3. There is force in the submission of the learned counsel for the petitioners. When the Court has originally appointed a commission, as sought for in Ext.P7 petition, though without notice to respondents, and that order is reviewed on an application filed by the respondents, learned Munsiff should have passed an order immediately in I.A.No.2385 of 2008, without adjourning to a longer date. Whether petitioners are entitled to an interim order or not, and whether a Commissioner is to be appointed or not are all matters to be decided by the learned Munsiff. But when the case of the petitioners is that to conduct a fair election, it is necessary to appoint a Commission, and Court originally appointed a commissioner, though without notice to the respondents, and that order was subsequently reviewed on an application filed by the respondent, court is expected to pass orders without further delay. In such circumstances, learned Munsiff is directed to pass appropriate order in Ext.P7 petition, in accordance with law, without any delay. M.SASIDHARAN NAMBIAR, JUDGE nj.