IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3449 of 2010(O) ------------------------- AGAINST THE ORDER IN IA 909/09 IN AS.47/2009 of DISTRICT COURT, MANJERI .................... PETITIONER(S): -------------------------- M.ABDUL KAREEM @ KUNHIPPA, S/O. MUHAMMEDKUTTY, PUTHU AMSOM, CHERUKUNNU DESOM, P.O.OTHUKKUNGAL, TIRURANGADI TALUK. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENT(S): ------------------------------ KUNNATHADAHIL KUTTIHASSN, S/O.AYAMU, PUTHUR AMSOM, CHERUKUNNU DESOM, P.O.OTHUKKUNGAL, TIRURANGADI TALUK. ADV.T.SETHUMADHAVAN (CAVEATOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.3449 of 2010 = = = = = = = = = = = = = = Dated this the 3 rd day of February, 2010 JUDGMENT The petitioner and the respondent herein were candidates who contested from Ward No.XI of Othukkungal Grama Panchayat in the election conducted in the year 2005. The respondent was declared elected by a margin of 3 votes. The petitioner challenged the election by filing O.P (Election) No.45/2005 on the file of the Munsiff's Court, Tirur. That court, after trial, set aside the election of the respondent and declared the petitioner as the elected candidate. Aggrieved by the decision of the Munsiff's Court, the respondent filed an appeal as A.S.No.47/2009 before the District Court, Manjeri. Along with the appeal he filed I.A.No.909/2009 seeking a stay of implementation of the order of the Munsiff's Court till the disposal of the appeal. The lower appellate court has passed Ext.P2 order on the said interlocutory application allowing the W.P.(c)No.3449 of 2010 2 respondent to function as the member of the Panchayat without any right to exercise votes in the meetings of the Panchayat. The petitioner has been restrained from swearing in as a member of the Panchayath. The said order is challenged in this writ petition. 2.When this writ petition came up for hearing on admission, Advocate Sri.T. Sethumadhavan took notice on behalf of the respondent and sought to justify Ext.P2 order . 3. It is admitted by both sides that the term of the election would expire on 30.9.2010. Four years have already elapsed. The legality or otherwise of the decision of the Election Tribunal either way will have to be decided in the appeal pending before the District Court. No useful purpose will be served by this Court considering the question as to whether Ext.P2 interlocutory order passed in the appeal is sustainable or not. If such an exercise were to be embarked upon by this Court, precious time will be lost for the parties. Interests of justice require that the appeal W.P.(c)No.3449 of 2010 3 which is pending before the District Court, Manjeri is directed to be disposed of within a time frame. It is represented at the Bar that the next posting date of the appeal is 15.2.2010. Having regard to the fact that the term of the election is going to expire, it is imperative that the appeal before the District Court is finally heard and disposed of so that the successful party can enjoy the privileges attached to the post at the earliest before the expiry of the term. Accordingly, without going into the correctness or otherwise of Ext.P2 order, this writ petition is disposed of directing the District Judge, Manjeri to take up A.S.No.47 of 2009 on 15.02.2010 itself for final hearing and dispose of the appeal expeditiously and at any rate on or before 15.3.2010. Dated this the 3rd day of February, 2010. V. RAMKUMAR, JUDGE sj