Judgment

Kurian, J.

1. The simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). Incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows:

“JUDGMENT

I.A. 4/11 is allowed. Election petition is dismissed in limine as it does not disclose a complete cause of action or a triable issue.”

Of course, detailed reasons are given in the order dated 16.11.2011 in I.A. 4/2011, which is also under challenge in one of the appeals.

2. The sole ground in the election petition is that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was holding the post of Chairperson of the Kerala State Wakf Board. To the extent relevant, the Article reads as follows:

“191. Disqualification for membership.-(1) xxx

(a) if he holds office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law