LAWS(KER)-2020-9-173

VINEETH KUMAR Vs. STATE ELECTION COMMISSION

Decided On September 17, 2020
Vineeth Kumar Appellant
V/S
STATE ELECTION COMMISSION Respondents

JUDGEMENT

(1.) The grievance of the petitioner in the writ petition concerns the delay on the part of the first respondent in disposing O.P.No.17 of 2020 and connected matters, instituted under Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (the Act). The petitioner relies on Rule 5 of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 (the Rules) for claiming a direction from this Court for a time bound disposal of the proceedings referred to above.

(2.) A statement has been filed on behalf of the first respondent. Paragraph 5 of the statement reads thus:

(3.) It is seen that proceedings under Section 4 of the Act are to be disposed of by the first respondent in accordance with the procedure applicable while trying a suit and the first respondent is deemed in terms of the provisions of the Act as a Civil Court for the said purpose.