IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 29537 of 2008(N) -------------------------- PETITIONER(S): --------------- A.YOUNUS KUNJU, AGED 67 YEARS, S/O.ABDULLA KUNJU, SHAJAHAN MANZIL, MANACKADU DIVISION PART 2 VADAKKEVILA VILLAGE, KOLLAM CORPORATION. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): --------------- NOUSHAD, THEGAZHIKAM, MANACKADU, DIVISION NO.29 PART 3, VADAKKEVILA VILLAGE, KOLLAM CORPORATION. ADV. SRI.A.AHZAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE AFFIDAVIT ALONG WITH THE PETITION DATED SEPTEMBER 2008 FILED BY THE PETITIONER BEFORE THE HONOURABLE MUNSIFF COURT, KOLLAM. /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.29537 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January , 2009 JUDGMENT The petitioner, a defeated candidate who has filed O.P.(Election) 13/2005 before the Munsiff Court, Kollam challenging the election of the returned candidates on two grounds has filed this writ petition with a prayer to stop all further proceedings in O.P.(Election) 13/2005 pending before the Munsiff Court, Kollam. In the first instance, the O.P. was held to be not maintainable by the learned Munsiff on the reason that the prominent ground on which the O.P. was filed was that the electoral roll on the basis of which the election was conducted was not proper. Against that order dismissing the O.P. on the ground that it is not maintainable, the petitioner filed appeal before the District Court as A.S.No.11/2007. The appeal was disposed of on 28/6/2008 confirming the finding that the O.P. to the extent it is founded on challenge of the electoral roll is not maintainable. At the same time, the District Judge remanded the matter to the trial court for consideration of the ground raised in the O.P. as per Section 178(1)(ca) WPC.No.29537/08 2 of the Kerala Municipalities Act. 2. I am informed that the judgment in A.S.No.11/2007 has attained finality which means that it is not open to the petitioner to re-agitate the challenge of the respondent's election on the ground of infirmities in the electoral roll. The main submission of the learned counsel for the petitioner was that W.P.(C)No.29658/05 was filed before this court in relation to the illegalities and irregularities in the matter of preparation of the electoral roll and that the said writ petition has been admitted. It was submitted that there is every likelihood that the writ petition will be decided within a few weeks. Hence it was requested that pending disposal of the writ petition, the proceedings in the O.P. pending before the learned Munsiff be stayed. Sri.A.Ahzar, learned counsel for the respondent would resist the submissions of the learned counsel for the petitioner. He would place before me a copy of the judgment in A.S.No.11/2007 as well as a copy of the order passed by this court on 26/5/2006 admitting W.P.(C)No.29658/05. It is true that this court has admitted W.P(C)No.29658/05. But significantly the respondent, the returned WPC.No.29537/08 3 candidate, is not made a party to W.P(C)No.29658/05. Noticing that circumstance and the further circumstance that the judgment in A.S.No.111/2007 has attained finality, I do not find any justice in directing in difference the trial and disposal of the O.P. filed by the petitioner himself. Writ petition will stand dismissed. However, the order of stay which got expired by 29/11/2008 is revived and extended till 28/02/2009. It is made clear that the learned Munsiff shall take up the O.P. for trial in special list during the first week of March 2009 itself. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.29537/08 4