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2024 Supreme(Online)(KER) 33773
HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
R. AJAYAKUMAR – Appellant
Versus
THE KERALA STATE ELECTION COMMISSION – Respondent
WP(C) 36740/2024
K.SHAJ, ARUN CHAND, BHARAT VIJAY P., MINU VITTORRIA PAULSON, SHRI.DEEPU LAL MOHAN
The court dismissed the writ petitions, finding no merit in the allegations regarding delays in the election petition proceedings.
Headnote:(A) Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 – Rule 5(1) – Writ petitions filed seeking a mandamus to direct the Kerala State Election Commission to expedite the joint trial of election petitions – The court found no merit in the allegations made in the writ petitions. (Paras 1-2)
(B) Writ Jurisdiction – The court emphasized that the progress of the election petition indicated the lack of basis for the allegations made in the writ petitions. (Paras 1-2)
Facts of the case: The writ petitions sought to compel the Kerala State Election Commission to expedite the trial of two original petitions regarding disqualification of members, citing delays in proceedings.
Findings of Court: The court concluded that the allegations in the writ petitions were baseless and dismissed them.
Issues: The main issue was whether the Kerala State Election Commission was delaying the trial of the election petitions without justification.
Ratio Decidendi: The court ruled that the progress of the election petition proceedings demonstrated that the allegations in the writ petitions lacked merit.
Result: Writ petitions dismissed.
J U D G M E N T
The above writ petitions are filed with the following prayers;
“ I. To issue a writ of mandamus directing the Kerala State Election Commission to dispose the joint trial of Exhibit P1 and Exhibit P2 petitions at the earliest or within such period as directed by this Hon’ble Court as mandated Rule 5(1) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 .
II. To grant such other reliefs as this Hon’ble Court deems fit and proper in the facts and circumstances of the case;
III. To award the costs of this original petition to the petitioner; and IV. To dispense with the filing of translated copies of the vernacular documents produced.”
2. A statement has been filed on behalf of the Kerala State Election Commission shows the details of the proceedings are as follows;
“ The details of proceedings in O.P.Nos. 15/2024 and 16/2024 pending on the files of this Respondent are as follows:-
Date Details of Proceedings
20-02-2024 Original Petitions filed. For appearance to 19-03-2024
19-03-2024 Respondent by Adv. Parippally E. Raveendran. For objection.
16-04-2024 Respondent prays time. For objection
18-04-2024 Objection filed. Copy served. For evidence
07-05-2024 Both parties pray time. For evidence.
14-05-2024 With I.A. 23-05-2024 With I.A. 06-06-2024 With I.A. 20-06-2024 With I.A.
27-06-2024 No sitting. Adjourned to 02-07-2024.
02-07-2024 I.A.No. 43/2024 allowed for joint trial of O.P.No. 15/2024 and O.P.No. 16/2024, O.P.No. 15/2024 as main case. For evidence.
23-07-2024 Respondent by Adv.Nithya R.S. Both parties pray time. For evidence.
06-08-2024 Petitioner present. Respondent’s counsel prays time for adjournment. For evidence.
22-08-2024 Respondent by Adv. Pallichal S.K. Pramod vide the relinquishment of Vakalath by Adv. Nithya R.S. For evidence.
10-09-2024 Counsel is absent. For evidence.
24-09-2024 Respondent prays time. For evidence to 24-10-2024.
Given the progress of the election petition before the Kerala State Election Commission as noticed above, the allegations made in the writ petitions are without any basis. There is no merit whatsoever in the writ petitions, they are dismissed.
