MOHAMMEDKUTTY Vs. SADANANDAN

JUDGEMENT

(1.) The appellant contested the bye-election to the Koduvally Grama Panchayat from Ward No. II on 23.1.2007. The first respondent was also a contesting candidate from the same Ward. The result of the election was announced on 24.1.2007 and the first respondent was declared to have been elected by a majority of 8 votes. The appellant thereafter filed the Election Petition, Election (O.P.) No. 18 of 2007 before the Munsiff Court-II, Kozhikode, under the relevant provisions of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act' for short), to set aside the election of the first respondent and to declare the appellant as the elected Member of the Panchayat. The main grounds urged in the Election Petition were double voting, voting by impersonation etc. According to the appellant, 2 he has got every chance of winning the above Election Petition, and it is still pending.

(2.) While so, one Mr. Muhammed, a voter in the Koduvally Grama Panchayat, has filed a petition before the State Election Commissioner to declare that the first respondent is disqualified under Section 35(q) of the Act, on the ground that he has not declared his assets within the prescribed time limit, as contemplated therein. The Election Commission eventually declared that the first respondent is disqualified with effect from 27.3.2008.

(3.) Though the first respondent challenged the said decision of the Election Commission before this Court by filing Writ Petition, W.P. (C) No. 14596 of 2008, the same was dismissed on 26.11.2009. In the meanwhile, pursuant to the decision of the Election Commission and apprehending that a notification for bye-election to be conducted for the vacancy which arose as a result of the declaration made by the Election Commission may be issued and inter alia seeking for a declaration that the second respondent, Election Commission, cannot order bye-election based on the disqualification of the first respondent vide Ext.P2 order, at a time when the very election of the first respondent is under challenge before the Election Tribunal, the Writ Petition was filed. He also sought to issue a writ of mandamus, order or direction, directing the 3ond respondent not to proceed to conduct any election in Ward No. II of Koduvally Grama Panchayat, until the disposal of the Election Petition O.P. 18 of 2007 pending before the Munsiff Court-II, Kozhikode.