IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 8103 of 2010(K) ------------------------- PETITIONER(S): --------------- S.S.JAYAKUMAR, GEETHA NIVAS, ARALUMOODU P.O., ATHIYANNUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, (COUNCILOR, WARD NO.3, NEYYATTINKARA MUNICIPALITY). BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE LOCAL ADMINISTRATION, REGIONAL JOINT DIRECTOR, QUILON. 3. THE RETURNING OFFICER, ASSISTANT DRUGS CONTROLLER, THIRUVANANTHAPURAM-35. 4. MR.SOMAN, COUNCILOR, WARD NO.15, (ELAVANIKKARA), NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA P.O., T HIRUVANANTHAPURAM. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8103 of 2010 (K) --------------------------------- Dated, this the 11th day of March, 2010 J U D G M E N T The petitioner is a Councilor of Neyyattinkara Municipality. According to the petitioner, the 4th respondent, the Councilor from Ward No.15 of the same Municipality, has suffered disqualification, and therefore, seeking a declaration to that effect, he has filed O.P.No.12/2009 before the 1st respondent and the said proceedings is pending. According to the petitioner on similar grounds certain other cases were filed, of which, one has been allowed by Ext.P6 order in O.P.No.8/2009. It is stated that during the pendency of O.P.No.12/09, on account of subsequent conduct of the 4th respondent, he has again rendered himself liable to be disqualified, and therefore, this Court should direct respondents 1 to 3 not to permit the 4th respondent to take part in any of the meetings of the Neyyattinkara Municipality. 2. From the facts itself, it is evident that O.P.No.12/09 filed by the petitioner, seeking a declaration that the 4th respondent is disqualified on the ground of having voluntarily given up his WP(C) No.8103/2010 -2- membership in the political party, is now pending consideration of the 1st respondent. Any declaration which the 1st respondent may make will only be effective from the date of such declaration. In such circumstances, until the 1st respondent passes an order of disqualification in O.P.No.12/2009, the 4th respondent is entitled to exercise his rights as a Councilor of the Municipality. In such circumstances, the relief sought for in this writ petition to direct respondents 1 to 3 not to permit the 4th respondent to participate in the meetings of the Municipality cannot be granted. Be that as it may, in a dispute of this nature, it is essential that the 1st respondent should expedite the proceedings pending before it and pass orders thereon as expeditiously as possible. Having regard to the pendency of O.P.No.12/09, it is directed that the 1st respondent should conclude the proceedings and pass orders thereon as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg