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2024 Supreme(Ker) 272

P. V. KUNHIKRISHNAN
Julie Sabu, W/o Sabu Issac – Appellant
Versus
State Election Commission – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. RENJITH THAMPAN, (SR.), SRI. V.M.KRISHNAKUMAR, SMT. P.R.REENA
For the Respondent: SHRI.DEEPU LAL MOHAN, SRI. K.S.ARUN KUMAR, SRI. MARTIN JOSE P, SRI. P.PRIJITH(K/233/2005), SRI. THOMAS P.KURUVILLA(K/420-B/2005), SRI. R.GITHESH(K/630/2002), SRI. AJAY BEN JOSE(K/729/2012), SRI. MANJUNATH MENON(K/000474/2015), SRI. SACHIN JACOB AMBAT(K/734/2016), SRI. ANNA LINDA EDEN(K/1201/2020), SMT. KARTHIKA SAROJ(K/002265/2023), SRI. HARIKRISHNAN S.(K/497/2019), SRI. S.SREEKUMAR (SR.)(S-571)

JUDGMENT :

The above writ petition is filed with the following reliefs:

    “i. call for records leading to Ext.P2 and issue a writ in the nature of certiorari quashing Ext.P2 in so far as it declares the 5th respondent as elected to the post of Chairperson of Piravom Municipality.

ii. declare that in view of the fact that petitioner's name was drawn in the lot by the 2nd respondent, petitioner is elected as Chairperson of Piravom Municipality in view of Rule 8(7)(a) of Kerala Municipality (Election of President and Vice President) Rules ,1995.

iii. Issue a writ in the nature of mandamus commanding respondents 1 and 2 to declare the petitioner as elected as Chairperson of Piravom Municipality in view of the fact that petitioner's name was drawn in the lot as per Rule 8(7)(a) of the Kerala Municipality (Election of President and Vice President) Rules 1995.

iv. issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

v. award cost of this proceedings to the petitioner.

vi. dispense with filing of the translation of vernacular documents produced as Exhibits in the writ petition.”(SIC)

2. The post of the Chairperson of Piravom Municipality fell vacant on resignation o

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