IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 33117 of 2010(L) -------------------------- PETITIONER: --------------- KALATHUMPADIKKAL MUSTHAFA, S/O. HAMZA, KALATHUMPADIKKAL HOUSE, CHANDAKKUNNU.P.O., NILAMBUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE RETURNING OFFICER, M-48, NILAMBUR MUNICIPALITY, NILAMBUR, MALAPPURAM DIST, 679329. 2. THE STATE OF ELECTION COMMISSIONER, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM, 695001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33117 OF 2010 -------------------------- Dated this the 1st day of November, 2010 J U D G M E N T The petitioner was a candidate in the elections to Nilambur Municipality. His nomination was rejected at the time of scrutiny. In this writ petition, the petitioner challenges Ext.P3 order passed by the Returning Officer rejecting his nomination. When the writ petition came up for hearing today, Smt. Mumtaz Shamsuddin, learned counsel for the petitioner submitted that leaving open the petitioner's contentions and reserving liberty with him to challenge the election of the returned candidate, this writ petition may be dismissed as withdrawn. In the light of the said submission, this writ petition is dismissed as withdrawn leaving open the petitioner's contentions and reserving liberty with him to challenge the election of the returned candidate in other appropriate proceedings, if he is so advised. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3