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1996 Supreme(Ker) 490

P.A.MOHAMMED
Mini Sreedharan Nair – Appellant
Versus
Valsalakumari – Respondent


JUDGMENT

P.A. Mohammed, J.

1. The common question involved in this batch of writ petitions relates to the power of this Court under Art.226 or 227 of the Constitution of India to interfere with the interlocutory orders passed by the Courts/Election Tribunals in deciding the election petitions arising out of the elections to the local bodies like Panchayat, Municipal Corporations etc. The elections to the Panchayats and Municipal Corporations are regulated by the provisions contained in Chap.10 of the Kerala Panchayat Raj Act, 1994 and Chap.10 of the Kerala Municipality Act, 1994, as the case may be. The election involved in O.P. No. 13650 of 1996 relates to the Municipal Corporation and the rest of the writ petitions relate to election to Panchayats.

2. At the outset, it was argued on behalf of the contesting respondents that these writ petitions are not maintainable in view of the decision of the Division Bench of this Court in Bhargavan v. Majeed (1960 KLT 1262) inasmuch as the orders challenged are purely interlocutory orders passed by Election Tribunals in the main Election Petitions pending before them. In order to decide this question it is essential to examine the ambit and sco





















































































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