This writ petition challenged the refusal of the 2nd respondent to administer the oath to the petitioner, who had been declared elected in a local body bye-election, by directing a specific date for the oath.
Directed the 2nd respondent to administer the oath to the petitioner on 29.1.2009.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930
WP(C).No. 1554 of 2009(I)
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PETITIONER(S):
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BUSHRA SULEKHA, D/O.SULEKHA BEEVI, HOUSE NO.190, THADATHARIKATHU VEEDU, PANAVOOR VILLAGE, PANAVOOR P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S):
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1. PANAVOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANAVOOR P.O., THIRUVANANTHAPURAM.
2. THE PRESIDENT, PANAVOOR GRAMA PANCHAYATH, PANAVOOR P.O., THIRUVANANTHAPURAM.
3. THE VICE PRESIDENT, PANAVOOR GRAMA PANCHAYATH, PANAVOOR P.O., THIRUVANANTHAPURAM.
ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 & R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1554 of 2009(I)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 - TRUE COPY OF THE ORDER OF THE HIGH COURT OF KERALA, IN C.R.P. NO. 673/08 DATED 17.12.2008.
EXT.P2 - TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 20.12.2008 SUBMITTED TO THE RESPONDENTS.
EXT.P3 - TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT.
// TRUE COPY //
PA TO JUDGE
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S.SIRI JAGAN, J
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Dated this the 19th day of January, 2009
J U D G M E N T
In an election petition filed by the petitioner challenging the election of the returned candidate, the petitioner was declared as elected, by the Munisiff's Court, Nedumangad, as the member of Ward No. 8 of Panavoor Grama Panchayath, in a bye-election held on 24.9.2005. Petitioner's grievance in this writ petition is that the 2nd respondent is not administering oath to the petitioner as required under law. The learned counsel appearing for the 2nd respondent submits that the oath can be administered on 29.1.2009.
Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to administer oath to the petitioner on 29.1.2009, positively, without any default.
S.SIRI JAGAN, JUDGE
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1 issue framed by the court
Whether the High Court should direct the 2nd respondent to administer the oath to the declared elected member.
BUSHRA SULEKHA
THE PRESIDENT, PANAVOOR GRAMA PANCHAYATH
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
