STATE ELECTION COMMISSION Vs. VALSALA PRASANNAKUMAR AND ORS

JUDGEMENT

(1.) Aggrieved by judgment dated 07.11.2008 in W.P.(C) No. 31095 of 2004, the 1st Respondent therein (State Election Commission) preferred the instant appeal.

(2.) The Respondents herein filed the abovementioned writ petition challenging an order (marked as Ext. P12 in the writ petition) by which the Appellant herein disqualified the Respondents from contesting any election to any local body in the State of Kerala for a period of six years. Such an order came to be passed on the basis of complaints marked as Exts. P8 and P9 filed by the 3rd Respondent herein alleging "defection" on the part of the Respondents 1 and 2 herein.

(3.) However, when the writ petition came up for hearing, the 3rd Respondent herein filed an affidavit stating that the applications filed by him(Exts. P8 and P9) may be dismissed as not-pressed. Acting on the said application, a learned Judge of this Court by the judgment under appeal, disposed of the writ petition permitting the withdrawal of Exts. P8 and P9 as prayed for by the 3rd Respondent herein.