IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 OP(C).NO. 723 OF 2010(O) ------------------------------------ OP.22/2010 OF MUNI-MAGI.COURT,PONNANI PETITIONER: -------------------- M.MUSTHAFA, S/O.KUNHUMON, MELETHIL, VATTAMKULAM P.O., MALAPPURAM DISTRICT- 679578. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ------------------------- 1. T.P.MUHAMMED, S/O.BAPPUTTY, 49 YEARS, THALAKKAPARAMBIL, VATTAMKULAM AMSOM DESOM, PONANI TALUK, VATTAMKULAM P.O., PIN-679578. 2. THE DISTRICT COLLECTOR, MALAPPURAM, CIVIL STATION, MALAPPURAM. 3. THE RETURNING OFFICER, VATTAMKULAM GRAMA PANCHAYAT, ADDITIONAL TAHSILDAR, PONANI P.O., MALAPPURAM DISTRICT. 4. THE SECRETARY, VATTAMKULAM GRAMA PANCHAYAT, P.O.VATTAMKULAM, PIN-679578, MALAPPURAM DISTRICT. 5. MII KUTTATH, W/O. GOPALAKRISHNAN, VATTAMKULAM AMSOM DESOM, 47 YEARS, PONANI TALUK, VATTAMKULAM P.O., 679578, MALAPPURAM DISTRICT. ADV. SRI.T.K.SAIDALIKUTTY FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.723 of 2010 ==================================== Dated this the 22nd day of November, 2010 J U D G M E N T Respondent No.1 appears through counsel. Government Pleader takes notice for respondent Nos.2 to 4. Respondent No.5 is served but there is no response. 2. This Original Petition is filed in challenge of Ext.P6, order dated 09.11.2010 on I.A. No.1108 of 2010 in O.P.(Election) No.22 of 2010 of the court of leaned Munsiff-Magistrate, Ponnani restraining respondent No.2 from conducting election to the office of President, Vice President, etc., of Vattakulam Grama Panchayat till respondent No.1 is sworn in as a Member of that Panchayat. Petitioner who is a Member of the Panchayat contended that the Election Petition itself is not maintainable since under Section 147 of the Panchayat Raj Act, 1994 (for short, “the Act”) jurisdiction of the civil court is barred and that under Sec.153 of the Act there could be a challenge to the election of President or Vice President only after the election is conducted and hence civil court could not prevent conduct of election to the post of President and Vice President on any ground whatsoever. Learned counsel for respondent No.1 has submitted that on failure of authorities O.P(C) No.723 of 2010 -: 2 :- concerned to swear respondent No.1 as a Member of the Grama Panchayat he filed W.P(C) No.34674 of 2010 in this Court and in the light of the order passed by this Court on November 19, 2010 respondent No.1 was sworn in as a Member of the Grama Panchayat on 20.11.2010 at 3.00 p.m. It is further submitted by learned counsel that in the light of that development, respondent No.1 sought permission to withdraw the Election Petition on 20.11.2010 and accordingly that petition was dismissed as withdrawn. Learned counsel for respondent No.1 also submits that information he has received is that election to the office of President and Vice President is scheduled to be held on 27.11.2010. Submissions made by learned counsel for respondent No.1 are recorded. 3. In the light of withdrawal of the Election Petition it is not necessary to proceed further with this Original Petition. If petitioner has got any challenge to the swearing of respondent No.1 as a Member of the Panchayat, it is open to him to pursue the challenge in other appropriate proceedings as provided under law. With the above observation Original Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv