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2015 Supreme(Ker) 188

DAMA SESHADRI NAIDU
T. P. Abdul Gafoor – Appellant
Versus
Kerala State Election Commission – Respondent


Advocates Appeared:
For the Petitioner:Latheesh Sebastian, Advocate.
For the Respondents: R1, Murali Purushothaman, Standing Counsel, K.S.E. Commission.

Judgment :-

1. The writ petitioner, being the President of the third respondent Grama Panchayat, seeks a direction in the nature of certiorari to the first respondent not to entertain any adjudication on Exhibit P1 petition filed by the second respondent on the premise that it is frivolous and malefic.

2. The facts, briefly stated, are that the petitioner, having contested the elections to the Panchayat Committee of the third respondent Panchayat in 2010, was declared elected against his main rival, the second respondent. According to the petitioner, after the petitioner has become the President of the Grama Panchayat, the second respondent, smarting under the defeat, has started maligning the petitioner's character by filing one frivolous complaint or another, ceaselessly. It is the specific grievance of the petitioner that the second respondent, in his unabated efforts of character assassination, is said to have filed Exhibit P1 petition before the first respondent invoking Section 35 (1) (o) of the Kerala Panchayat Raj Act, 1994. Seeking, inter alia, quashing of Exhibit P1, the petitioner has approached this Court.

3. The learned counsel for the petitioner has strenuously contende

























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