The Kerala High Court closed a writ petition challenging Panchayat public meeting notices without prejudice, as the State Election Commission had already seized the matter.
The writ petition was closed without prejudice to the contentions of the parties.
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 MOHAMMED NIAS C.P.
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 20274 OF 2024
PETITIONER:
SAJIMON VARGHESE,
AGED 49 YEARS
S/O. VARGHESE, NADUVILEKURICHIYIL HOUSE,
THALAYOLAPARAMBU P.O., KOTTAYAM, PIN - 686605
BY ADV K.C.VINCENT
RESPONDENTS:
1 THE THALAYOLAPARAMBU GRAMA PANCHAYAT, THALAYOLAPARAMBU P.O., KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 6866052 THE SECRETARY, THE THALAYOLAPARAMBU GRAMA PANCHAYAT, THALAYOLAPARAMBU P.O., KOTTAYAM, PIN - 6866053 THE PANCHAYAT COMMITTEE, THE THALAYOLAPARAMBU GRAMA PANCHAYAT, THALAYOLAPARAMBU P.O., KOTTAYAM, REPRESENTED BY ITS PRESIDENT, PIN - 6866054 THE KERALA STATE ELECTION COMMISSION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695033BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
No Advocate
OTHER PRESENT:
SRI.ATHUL SHAJI, SC, SRI. DEEPU LAL MOHAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20274 OF 2024
2
MOHAMMED NIAS C.P., J.
=========================
W.P.(C) NO. 20274 OF 2024
=========================
Dated this the 11th day of June, 2024
J U D G M E N T
The writ petition is filed challenging Exts.P1 and P6 notices. The petitioner had already moved the State Election Commission by filing Ext.P4 original petition and obtained an interim order in I.A. No.45 of 2024 in the said original petition on 06.06.2024. In view of the above and since the Kerala State Election Commission is seized of the matter, It is not necessary to proceed further with this writ petition. Accordingly, the same is closed without prejudice to the contentions of the parties.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 20274 OF 2024
3
APPENDIX OF WP(C) 20274/2024
PETITIONER EXHIBITS :
EXHIBIT P1 |
A TRUE COPYISSUED BYPETITIONER |
OF THETHE 2 |
NOTICE DATED 20.05.2024ND RESPONDENT TO THE |
|---|---|---|---|
EXHIBIT P2 |
A TRUE COPYNOTICE BOOK |
OF THEAND NOTI |
RELEVANT PAGES OF THECE DATED 14.05.2024 |
EXHIBIT P2(A) |
A TRUE COPYTHE WELFARERESPONDENT P |
OF THE ASTANDINANCHAYAT |
TTENDANCE AND MINUTES OFG COMMITTEE OF THE 1STDATED 15.05.2024 |
EXHIBIT P3 |
A TRUE COPYINTIMATING07.03.2024 |
OF THEURGENT |
NOTICE DATED 06.03.2024MEETING SCHEDULED ON |
EXHIBIT P4 |
A TRUE COPYFILED BEFOREAND NUMBEREDANNEXURE |
OF THE PTHE 4THAS O.P. |
ETITION DATED 27.05.2024RESPONDENT ON 28.05.2024NO. 27 OF 2024 WITHOUT |
EXHIBIT P5 |
A TRUE COPY27.05.2024 IRESPONDENT |
OF THEN O.P.NO |
AFFIDAVIT AND I.A. DATED. 27 OF 2024 BEFORE 4TH |
EXHIBIT P6 |
A TRUE COP03.06.2024 |
Y OF T |
HE COMMUNICATION DATED |
EXHIBIT P7 |
A TRUE COPYINTIMATING07.06.2024 |
OF THETHE |
NOTICE DATED 03.06.2024MEETING SCHEDULED TO |
// True Copy // PA To Judge
1 issue framed by the court
Whether this writ petition needs to be heard when the State Election Commission is already seized of the matter.
SAJIMON VARGHESE
THE THALAYOLAPARAMBU GRAMA PANCHAYAT
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court