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2015 Supreme(Ker) 171

DAMA SESHADRI NAIDU
N. K. Mohanan, Makkollil – Appellant
Versus
Kerala State Election Commission, Thiruvananthapuram rep. by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:George Poonthottam, Advocate.
For the Respondent:Murali Purushothaman, Advocate.

Judgment

1. The petitioner, being the member of Ward No.II of Pampadumpara Grama Panchayat, has a grievance that though five vacancies of ward members have been in existence since 09.11.2011 owing to the disqualification of the incumbents, the respondent Election Commission has chosen to conduct the bye elections hardly six months before the general elections are due. Seeking judicial intervention on that count, the petitioner has filed the present writ petition.

2. The learned counsel for the petitioner, taking me through the entire record, has submitted that on 09.11.2011 the respondent Election Commission, in a batch of election petitions, declared five ward members of the Grama Panchayat as disqualified. Soon thereafter, the aggrieved persons filed W.P.(C)No.30341/2011 and batch, but without much success. Even W.A.No.406/2012 and batch filed against the common judgments were dismissed by a learned Division Bench of this Court on 13.10.2014. The learned counsel has stressed that throughout, either in the writ petitions or in the writ appeals, there had been no stay against the orders of the respondent Election Commission.

3. In elaboration of his submissions, the learned counsel





























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