Disposed

Mukkola G. Prabhakaran v. C. Omana

Kerala HC5 Aug 2016OP(C)/1806/2016

Case brief

AI extract

What is this about?

Petitioner filed an Original Petition under Article 227 seeking directions to expedite disposal of an election petition pending before the Additional Munsiff Court, which exceeded the six-month statutory limit. The Court relied on the lower court's report and issued directions for expeditious disposal. The petition was disposed of by directing the Additional Munsiff Court to complete the trial wit

What did the court decide?

Direction to the Additional Munsiff Court to expedite disposal of the election petition within six months.

Mukkola G. Prabhakaran Vs C. Omana — Election Law | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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FRIDAY, THE 5TH DAY OF AUGUST 2016/14TH SRAVANA, 1938

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OP(C).No. 1806 of 2016 (P)

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IN OP(ELECTION) 3/2015 OF II ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM

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PETITIONER(S):

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MUKKOLA G.PRABHAKARAN,

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AGED 58 YEARS, S/O. GOVINDAN NADAR, MATHRUNILAYAM, MULLOOR, MULLOOR P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM.

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BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.A.S.RADHAKRISHNAN NAIR

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RESPONDENT(S):

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1. SMT.C. OMANA, AGED 59 YEARS, D/O CHELLAMMA, MELE KUZHIYAMVILA VEEDU, KIDARAKUZHI, KIDARAKUZHI P.O, VIZHINJAM VILLAGE, THIRUVANANTHAPURAM - 695 523.

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2. SRI.P. MOHANAN,

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AGED 54 YEARS, S/O PARAMESWARAN NADAR, PANAVILAKATHU SANKARA MANDIRAM, MULLOOR, MULLOOR P.O., VIZHINJAM VILLAGE, THIRUVANANTHAPURAM - 695 521.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 1806 of 2016 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF OP (ELECTION) NO 3 OF 2015. EXHIBIT P2 TRUE COPY OF THE STATEMENT OF OBJECTION FILED BY THE 1ST RESPONDENT TO EXHIBIT P1.

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RESPONDENT(S)' EXHIBITS:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K.RAMAKRISHNAN, J.

=================== O.P.(C). No.1806 of 2016

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=======================

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Dated this the 5^th day of August, 2016

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JUDGMENT

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This petition is filed by the petitioner seeking speedy disposal of O.P.(Election) No.3 of 2015 before the 2^nd Additional Munsiff's Court, Thiruvananthapuram under Article 227 of the Constitution.

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It is alleged in the petition that the petitioner herein filed O.P.(election 3 of 2015 on the file of the 2^nd Additional Munsiff's Court, Thiruvananthapuram, challenging the election of 1^st respondent from Mulloor Constituency of Thiruvananthapuram Municipal Corporation. The petition was filed on 02.12.2015. As per 159 of Kerala Municipalities Act, Election petition has to be tried and disposed of within a period of six months from the date of filing of the petition. So the petitioner has no other remedy, except to approach this Court seeking a direction to the court below to expedite the disposal of the case.

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Considering the nature of relief claimed, this

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O.P.(C). No.1806 of 2016 -2-

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Court has called for a report from the court below regarding the present stage and time required for disposal of the case. The 3^rd Additional Munsiff, who is in charge of the IIAdditional Munsiff's Court had sent a report which reads as

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follows:-

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“I beg to submit that I am the IIIrd Additional Munsiff in Charge of the II nd Additional Munsiff Court, where the OP (Election) No.3/2015 is pending. The petitioner has filed an amendment petition IA No.925/2016 and the case is posted for objection and hearing of the petition on 23.09.2016. I have been conducting regular sitting in the II nd Additional Munsiff Court every Friday and Saturday. The OP (Election) No.3/2015 was not posted on any of the regular sitting days and hence I humbly submit that it was never brought to my attention. Other two election petitions are pending before my court also. In the circumstances I most humbly request that six months time may kindly be granted to dispose off the matter.”

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Considering the circumstances mentioned in the report, this Court feels that there is no further direction need be given and the petition can be disposed of on the basis of the report of the Munsiff. So petition is disposed of as follows:-

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O.P.(C). No.1806 of 2016 -3-

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The 3^rd Additional Munsiff, who is in charge of the II nd Additional Munsiff's Court is directed to expedite the disposal of the election petition, considering the impact of the provisions of the Kerala Municipalities Act, as expeditiously as possible, at any rate within six months mentioned in the report.

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With the above directions and observations the petition is disposed of as above.

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Office is directed to communicate this order to the concerned court below at the earliest. If the case is transferred to some other court on the administrative side for expeditious disposal, then this direction will be applicable to that court as well.

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Sd/K.RAMAKRISHNAN, JUDGE

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SKV

Mukkola G. Prabhakaran v. C. Omana

Case brief

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Mukkola G. Prabhakaran v. C. Omana

Case brief

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