The High Court of Kerala disposed of a writ appeal filed under Section 5 of the High Court Act. The Court noted that the term of the elected member had expired and held that nothing remained for consideration in the appeal, disposing of the proceedings accordingly.
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.
W.A.No.2016 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
WA NO. 2016 OF 2018
AGAINST THE ORDER/JUDGMENT in WP(C) 8528/2018 OF HIGH COURT OF
KERALA
APPELLANT/PETITIONER:
N.M.VIJAYAN, AGED 72 YEARS S/O. LATE N.M.KRISHNAN NAIR, MANICHIRAKKAL HOUSE, POOMALA P.O., SULTHAN BATHERY, WAYANAD DISTRICT - 673 592.
BY ADV GEORGE POONTHOTTAM ADV. SIDHARTH R. WARRIER
RESPONDENTS/RESPONDENTS:
1 THE KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695 033, REPRESENTED BY THE STATE ELECTION COMMISSION.
2 T.L. SABU, S/O LUKA, THURITHIYIL HOUSE, MULLUANKUNNU, SULTHAN BATHERY P.O., WAYANAD DISTRICT-673592. BY ADVS. SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA sri.MATHEW KURIAKOSE (B/O) SHRI.KODOTH SREEDHARAN, SC, STATE ELECTION COMMISSION, KERALA
OTHER PRESENT:
SC DEEPU LAL MOHAN (R1)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.2016 of 2018
2
A. J. Desai, C.J. &
V.G. Arun, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.A.No.2016 of 2018
Dated this the 26th day of October 2023
JUDGMENT
A.J. Desai, C.J.
By way of the present appeal filed under Section 5 of the High Court Act, the original petitioner has challenged the judgment dated 20/8/2018 of the learned Single Judge by which the learned Single Judge dismissed the writ petition, refusing to interfere with the order passed by the first respondent - Kerala State Election Commission.
In the light of the above submission, nothing remains in this appeal and the writ appeal is accordingly disposed of.
Sd/-
A. J. Desai Chief Justice
Sd/- V.G. Arun Judge
dpk
1 issue framed by the court
Whether the writ appeal is maintainable given the expiration of the elected member's term.
1 provisions across 1 enactments
N.M. Vijayan
The Kerala State Election Commission
T.L. Sabu
A.J. Desai
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
