This judgment allowed a writ petition filed by a candidate challenging a security deposit condition under the Representation of the People Act. The court closed the petition as infructuous because the petitioner died pending the hearing and the elections had already been concluded.
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 DAMA SESHADRI NAIDU
THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939
WP(C).No. 12461 of 2014 (G)
PETITIONER(S):
BAISIL ATTIPPETY @ BASIL A.G,
ATTIPETTY HOUSE, NAYARAMBALAM P.O., KERALA, KOCHI - 682 509.
BY ADV. SRI.A.G.BASIL (PARTY IN PERSON)
RESPONDENT(S):
'A' WING, SHASTRI BHAVAN, NEW DELHI - 110 001.
REPRESENTED BY ITS SECRETARY, NIRVACHAN SADAN, ASHOK ROADK, NEW DELHI - 110 011.
R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R2&3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC R1 BY ADV. SRI.N.NAGARESH, ASGI R BY SMT. A.C. VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DAMA SESHADRI NAIDU, J.
------------------------------------------W.P. (C) No. 12461 of 2014 (G)
-----------------------------------------Dated this the 6th day of April, 2017.
JUDGMENT
The petitioner intended to contest from Ernakulam Constituency in the elections held for the Parliament in 2014. He filed this writ petition questioning what was said to be the additional condition in the Representation of Peoples Act, 1951 that a candidate should deposit `25,000/- as security.
True, it concerns a candidate's personal right to contest. He challenged a condition that might have adversely affected the prospective candidate. Now the candidate is no more. Even the elections had been held, long back. Therefore, I close the writ petition as having become infructuous.
DAMA SESHADRI NAIDU, JUDGE.
True Copy/
P.A to Judge.
rv
W.P.(C.) No. -2-
BAISIL ATTIPPETY @ BASIL A.G
UNION OF INDIA
THE ELECTION COMMISSION OF INDIA
DISTRICT ELECTION OFFICER
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
