IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 32264 of 2010(G) --------------------------------- WRIT PETITIONER ---------------------- ADV. ABHIJITH.S., S/O. K.P. SASIDHARAN NAIR, AGED 30 YEARS, RESIDING AT KALAPURACKAL HOUSE, KAROOR.P.O., PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM – 695 001. 2. THE KERALA STATE ELECTION COMMISSION, PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY. 3. SECRETARY, THE KERALA STATE ELECTION COMMISSION, PALAYAM, THIRUVANANTHAPURAM-695 033. 4. THE RETURNING OFFICER, M.19, PALA MUNICIPALITY & FINANCE OFFICER, COLLECTORATE, KOTTAYAM – 686 001. 5. PALA MUNICIPALITY,PALA REPRESENTED BY ITS SECRETARY, 686 575. 6. SHAJU.V. THURUTHEN, THURUTHEL HOUSE, KAROOR.P.O., PALA – 686 575. R1 BY GOVT.PLEADER SRI.V.MANU R2 & R3 BY ADV. SRI.MURALI PURUSHOTHAMAN,SC,K.S.E.COMM R5 BY ADV. SRI.V.M.KURIAN R6 BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 32264/2010(G) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOMINATION SUBMITTED BY THE 6TH RESPONDENT. P2: COPY OF THE ORDER DATED 25/09/2010 OF THE 2ND RESPONDENT IN O.P. 110/2008. P3: COPY OF THE OBJECTION DATED 05/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE PETITION DATED 05/10/2010 FILED BY THE 6TH RESPONDENT. P5: COPY OF THE LETTER DATED 26/09/2010 OF THE 3RD RESPONDENT. P6: COPY OF THE ORDER DATED 07/10/2010 OF THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.32264 of 2010 ------------------------------- Dated this the 8th day of December, 2010 J U D G M E N T The petitioner and the sixth respondents were candidates in the elections recently held to Pala Municipality. Both of them contested as candidates from Ward No.II of Pala Municipality. The petitioner objected to the reception of the nomination submitted by the sixth respondent on the ground that the sixth respondent who was elected earlier in the year 2005 was disqualified by Ext.P2 order passed by the Kerala State Election Commission for not complying with the requirements of Section 133A of the Kerala Municipality Act. The Returning Officer overruled the objections raised by the petitioner and passed Ext.P6 order dated 7.6.2010, wherein he held that the disqualification as result ofExt.P2 operates only for the term for which he was elected for the year 2005 and does not operate as a bar for contesting in the recently held elections. While passing Ext.P6 order, the Returning Officer placed reliance on Ext.P5 letter dated 28.9.2010 sent by the Secretary of Kerala State Election Commission to another voter wherein the Secretary of the Kerala State Election Commission had taken the same view. In this writ petition, the petitioner challenges Ext.P5 letter sent by the Secretary of the Kerala State Election Commission on the ground that the Secretary of the Kerala W.P.(C) No.32264 of 2010 2 State Election Commission and the State Election Commission have no jurisdiction or authority to hold that the disqualification of the sixth respondent by Ext.P2 order passed by the Kerala State Election Commission would come to an end with the cessation of the term for which sixth respondent was elected in the elections held in the year 2005. 2. I am afraid the said question need not be decided by this Court in this writ petition. The petitioner has admittedly not filed an election petition before the competent Munsiff Court challenging the election of the sixth respondent. However, it is brought to my notice that another candidate has challenged the election of the sixth respondent in the Court of Munsiff, Pala on the ground that the sixth respondent was disqualified to contest in the elections. Necessarily therefore, the question whether the disqualification by Ext.P2 order would prevent the sixth respondent from contesting the elections recently held to Pala Municipality is a question which will have to be decided by the court trying the election petition. The court trying the election petition will have to come to its own decision having regard to the provisions contained in the Kerala Municipality Act and the decisions of this Court, if any, W.P.(C) No.32264 of 2010 3 governing the field. The court trying the election petition is not certainly bound by the observations and findings in Ext.P6. I, therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE. nj.