This writ petition challenging an election due to alleged fraud was dismissed as infructuous because the election had already taken place and the petition was pending belatedly, rendering the matter no longer subject to adjudication.
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 SHAJI P.CHALY
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 4443 OF 2018
PETITIONERS:
1 SATHYAJITH K. AGED 45 YERS, S/O.C.K.NALINASHAN, THEKKUMTHARA AUP SCHOOL, CHERUKATTOOR POST, PANAMARAM, KALPATTA, WAYANAD DISTRICT, PIN-670 721.
2 K.D.RAVEENDRAN AGED 53 YEARS, S/O.R.V.DAMODHARAN, AUPS VELLAMUNDA, KATTAYAD P.O., WAYANAD, PIN-670 731.
3 SURESH BABU AGED 52 YEARS, S/O.A.M.NARAYANAN NAIR, VALAL U.P.SCHOOL, KOTTATHARA, MADAKUNNA P.O., KALPETTA, WAYANAD DISTRICT-670 721.
BY ADVS.SRI.JOHN MATHEW (THEREZHATH) SRI.JOBIN JOHN SRI.C.S.SHAHUL HAMEED
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-679 501.
2 KERALA PRADESH SCHOOL TECHERS ASSOCIATION KPSTA UNION APPROVED BY GO (RT) NO.530/2018 GEN.EDN DATED 2/2/2018, REPRESENTED BY ITS PRESIDENT, P.S.GIREESH KUMAR, CHINMAYA SCHOOL LANE, KUNNUMPURAM, THIRUVANANTHAPURAM-679 501.
3 THE PRESIDENT WAYANAD DISTRICT COMMITTEE (KPSTA), ANAPALAM JUNCTION,KALPATTA, KALPATTA P.O., WAYANAD, PIN-673 121.
W.P.(C.) No. 4443/2018 2
4 THE RETURNING OFFICER OF THE WAYANAD DISTRICT ELECTION
NOMINATED BY KPSTA STATE COMMITTE, K SUNIL KUMAR, CHOKLI UPS, CHOKLI P.O., KANNUR DISTRICT, PIN-670 672.
6 K.J.DEVASYA KVAUPS KOLERY, KOLERY P.O., WAYANAD DISTRICT - 673 596.
7 T.N.SAJIN AUPS ARIMULA, THAZHAMUNNDA P.O., MEENAGNADI, WAYANAD DISTRICT, PIN-673 596.
8 M.M.ULAHANAN AUPS CHEENGERY, KUMBLERI P.O., MEENAGNADI, WAYANAD DISTRICT, PIN-673 593.
9 SHIJU KUDILILL VHSS PULPALLI, PULPALLI POST, WAYANAD DISTRICT, PIN-673 579.
10 M.P.SUNIL KUMAR SNHSS, POOTHADI POST, WAYANAD DISTRICT, PIN-673 596.
R1 BY SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 4443/2018 3
JUDGMENT
This writ petition is filed by the petitioners seeking the
following reliefs:-
“i) Call for the records leading to the Ext.P3 Election and Ext.P4 Representation and set aside the candidature of Respondent 5 to 10 for the Ext.P5 State Level Election by holding that, the Ext.P3 Election held in the category of Aided School Teachers at Wayanad Revenue District Committee of the 2nd Respondent Association is vitiated by fraud, deceit and misrepresentation.
ii) Issue a Writ of mandamus to Direct the 2nd respondent to consider and pass appropriate orders on Ext.P4 representation prior to the Ext.P5 State Level Election scheduled on 10/02/2018 and also declare that the candidature of Respondents 5 to 10 for the Ext.P5 election and also their election to the Wayanad Revenue District Committee of KPSTA shall be provisional and contingent upon the final disposal of the Ext.P4 representation on merits."
to be conducted to the Kerala Pradesh School Teachers Association scheduled on 10.02.2018. This writ petition was
pending before this Court without securing any interim orders and the writ petition is not even admitted. There is also no posting after 02.03.2018.
W.P.(C.) No. 4443/2018 4
3. Going by the facts and circumstances, I am of the
view that the writ petition has virtually become infructuous and nothing survives to be adjudicated at this belated stage.
The writ petition is dismissed as infructuous.
Sd/-
SHAJI P. CHALY JUDGE
DCS/17.01.2023
1 issue framed by the court
Whether the writ petition challenging the election of School Teachers Association representatives is maintainable after the election.
SATHYAJITH K.
K.D.RAVEENDRAN
SURESH BABU
STATE OF KERALA
KERALA PRADESH SCHOOL TECHERS ASSOCIATION KPSTA
ABRAHAM PHILIP
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
