This single-paragraph judgment dismisses a writ appeal as infructuous because the appellant's term had already ended due to the efflux of time. The Kerala State Election Commission counsel submitted this argument, leading the Court to dismiss the appeal without detailed reasoning on the merits of the original petition.
The writ appeal was dismissed as infructuous.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937
WA.No. 1112 of 2013 () IN WP(C).20319/2012
-------------------------------------------AGAINST THE JUDGMENT IN WP(C) 20319/2012 DATED 21-11-2012
APPELLANT(S)/3RD RESPONDENT :-
SHAJUDEEN, S/O.HAMEED, KOTTALI, VELOOPADAM, VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA
RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2 :-
1. VINCENT, AGED 40 YEARS, S/P.VAREEDH, MOOZHIKULAM, VELOOPADAM, VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN : 680 303.
2. STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN : 695 001.
3. KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, PIN : 695 001 REPRESENTED BY ITS SECRETARY.
R1 BY ADV. SRI.K.H.ASIF R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R2 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-022016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
W.A. No.1112 of 2013
-------------------------------------------Dated this the 4th day of February 2016
J U D G M E N T
Ashok Bhushan, CJ.
The learned counsel appearing for the Kerala State Election Commission submits that since the term of the writ petitioner had already been ended, by efflux of time, the issue raised in the writ appeal has become infructuous.
Hence, this writ appeal is dismissed as infructuous.
Sd/ASHOK BHUSHAN CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE
J UDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/4.2.2016.
2 issues framed by the court
Whether the writ appeal is maintainable given the termination of the petitioner's term by efflux of time.
Whether the writ appeal should be dismissed as infructuous due to the lapse of time.
SHAJUDEEN
VINCENT
STATE OF KERALA
KERALA STATE ELECTION COMMISSION
ASHOK BHUSHAN
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
