SABU JOSEPH Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) Appellant, the petitioner in W.P.(C) No. 8834 of 2019, challenges the judgment of the learned single Judge dated 28.01.2020, upholding the decision of the Kerala State Election Commission condoning the delay of 8 days in filing a petition in terms of proviso to Rule 4A of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000 ('Rules, 2000' for short).

(2.) Brief material facts for the disposal of the writ appeal are as follows:

(3.) As per the provisions of Rules, 2000, an application is to be filed within 30 days as it stood amended as per G.O. (P) No. 136/2014 dated 23.07.2014. Fact remains, the original petition was filed only on 22.06.2018 along with I.A. No. 87 of 2018 to condone the delay of 8 days in filing the Original Petition. Second respondent in the application for condonation of delay has submitted that since he fell ill due to the extreme body pain and high fever, he could not file the application within the period prescribed under law and he has produced certificate issued from the Primary Health Centre, Thidanad dated 14.06.2018 advising rest for a week. It is also submitted that thereafter, she had to proceed to Bombay for a personal matter and she reached Trivandrum only on 21.05.2018. In the application for condonation of delay, petitioner as well as the Doctor were examined as PWs 1 and 2 and after assimilating the fact situations and the evidence adduced, State Election Commission has condoned the delay holding that the delay of 8 days is sufficiently explained by the second respondent. It was thus, challenging the order of the Election Commission, writ petition was filed.