High Court of Kerala dismissed an original civil petition challenging an election order on the ground that the first respondent, the election petitioner, was deceased, rendering the petition not maintainable.
The original civil petition was dismissed as not maintainable.
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 B.KEMAL PASHA
WEDNESDAY, THE 7TH DAY OF JUNE 2017/17TH JYAISHTA, 1939
OP(C).No. 3289 of 2016 (O)
AGAINST THE ORDER IN OP(ELECTION) NO.4/2015 of PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER:
SREJITH @ SREJITH PARAKKADAN, AGED 32 YEARS, S/O SOMAN, RESIDING AT PARAKKATTIL HOUSE, KUMBALAM P.O, KUMBALAM VILLAGE, KANAYANNOOR TALUK, KOCHI, ERNAKULAM DISTRCIT 682 506.
BY ADVS.SRI.K.RAMAKUMAR (SR.)
SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SMT.ASHA BABU SMT.R.S.ASWINI SANKAR SRI.SABIN BABU
RESPONDENTS:
1. SRI K.G.ASOKAN,
AGED 57 YEARS, S/O LATE GOPALAN, RESIDING AT KOMAROTH HOUSE, KUMBALAM P.O, KUMBALAM VILLAGE, KANAYANNOR TALUK, KOCHI, ERNAKULAM DISTRICT 682 506.
2. SRI BINESH XAVIER, AGED 37 YEARS, S/O XAVIER, CHAKKALAKKAL HOUSE, KUMBALAM P.O, KUMBALAM VILLAGE, KANAYANNOR TALUK, KOCHI, ERNAKULAM DISTRICT 682 506.
3. SRI, SREEKUMAR KADAVATH, AGED 27 YEARS, S/O UPENDRAN, KADAVATH HOUSE, KUMBALAM P.O, KUMBALAM VILLAGE, KANAYANNOR TALUK, KOCHI, ERNAKULAM DISTRICT 682 506.
OP(C).No. 3289 of 2016 (O)
4. SRI E.N. VENUGOPAL, AGED 47 YEARS, S/O NARAYANA PILLAI, ERAVIKKADU HOUSE, KUMBALAM P.O, KUMBALAM VILLAGE, KANAYANNOR TALUK, KOCHI, ERNAKULAM DISTRICT 682 506.
R1 BY ADV. SRI.P.K.VARGHESE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
OP(C).No. 3289 of 2016 (O) ---------------------------
APPENDIX
PETITIONER’S EXHIBITS :
EXHIBIT P1 TRUE COPY OF ELECTION (OP) NO 4 OF 2015 ON THE FILE OF THE MUNSIFF COURT, ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTION SUBMITTED BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF ORDER DATED 08-12-2016 IN OP (ELECTION) NO 4 OF 2015.
RESPONDENTS’ EXHIBITS : ----------------------NIL
// True Copy //
P.A. To Judge
DSV/-
B. KEMAL PASHA, J.
................................................................ O.P.(C) No. 3289 of 2016
............................................................... Dated this the 7th day of June, 2017
J U D G M E N T
Learned counsel for the first respondent submits that the first respondent, who is the election petitioner, is no more. This original petition is, therefore, not maintainable. Hence, this O.P.(C) is dismissed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
// true copy //
P.S. to Judge.
Srejith @ Srejith Parakkadan
K.G.AsoKAN
Binesh Xavier
Sreekumar Kadavath
E.N. Venugopal
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
