Dismissed

P.Muhammed Basheer v. the Kerala State Election Commission

Kerala HC22 Mar 2019WP(C)/7163/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the writ petition, noting it was filed as withdrawn without prejudice to the petitioner's right to pursue a separate application before the Kerala State Election Commission regarding limitation.

What did the court decide?

Writ petition dismissed as withdrawn without prejudice to the petitioner's right to pursue Interlocutory Application No.85 of 2019 before the Election Commission.

P.Muhammed Basheer Vs the Kerala State Election Commission — Election Law | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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FRIDAY, THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941

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WP(C).No. 7163 of 2019

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PETITIONER:

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P.MUHAMMED BASHEER, AGED 40 YEARS, S/O. ABDULLA KOYA, POOKKUNNATH HOUSE, MAYYAMTHANI, CHANTHAKKUNNU P.O., MALAPPURAM DISTRICT

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENTS:

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1 THE KERALA STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM, PIN-695 033

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2 UNNIKRISHNAN.C., S/O. NARAYANAN, CHALI HOUSE, MANALODI, NILAMBUR P.O., MALAPPURAM DISTRICT.

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SRI. MURALI PURUSHOTHAMAN-STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)7163 OF 2019

JUDGMENT

The petitioner, who is an elected member of the Municipal Council, Nilambur, has filed this writ petition under Article 226

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of the Constitution of India, seeking a writ of prohibition, prohibiting the Kerala State Election Commission from proceeding further on Ext.P1 original petition filed under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, since that original petition is one filed beyond the time limit prescribed under Rule 4A of the Kerala Local Authorities (Disqualification of Defected Members) Rules. The petitioner has also sought for an order to quash Ext.P1 petition.

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On 11.03.2019, when this writ petition came up for consideration, after arguing for some time, the learned counsel for the petitioner sought adjournment.

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Today, when this case is taken up for consideration, the learned counsel for the petitioner has filed I.A.No.1 of 2019 producing therewith, as Ext.P3, a copy of I.A.No.85 of 2019 in O.P.No.4 of 2019 on the file of the Kerala State Election Commission, which is an application filed by the petitioner, seeking an order to reject O.P.No.4 of 2019 as

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barred by limitation.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for the 1^st respondent Kerala State Election Commission.

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One of the reliefs sought for in this writ petition is an order to quash Ext.P1 original petition, which is now pending before the Kerala State Election Commission. Ext.P1 petition is one filed under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, which is one filed by the 2^nd respondent herein. The original petition filed before the Kerala State Election Commission, invoking the provisions under Section 4 of the aforesaid Act, cannot be quashed by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India. If the petitioner has

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got a case that, it is filed beyond the statutory time limit or without an application for condonation of delay, it is for him to raise all those contentions before the Commission, instead of rushing to this Court, invoking the writ jurisdiction under Article 226 of the Constitution of India.

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The learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to

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the contentions raised in this writ petition and to pursue Ext.P3 interlocutory application, i.e., I.A.No.85 of 2019 in O.P.No.4 of 2019, which is now pending consideration before the Kerala State Election Commission.

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Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioner.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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P.Muhammed Basheer v. the Kerala State Election Commission

Case brief

What is this about?

What did the court decide?

P.Muhammed Basheer v. the Kerala State Election Commission

Case brief

What is this about?

What did the court decide?

What the court decided

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