K P ALI Vs. KERALA STATE ELECTION COMMISSION

JUDGEMENT

(1.) PETITIONER challenges Ext.P4, an order passed by the first respondent in I.A.71/2011 whereby, delay of 65 days in filing the Original Petition under the Kerala Local Authorities (Prohibition of Defection) Act, 1999, is condoned.

(2.) RULE 4A(2) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, provides that the petition as provided under Rule 4A should be filed within 15 days from the date on which the person concerned is alleged to have become disqualified. Proviso to the Rule enables the Commission to entertain an application belatedly filed, provided the delay is satisfactorily explained.

(3.) THUS valid reasons have been assigned by the Commission for condoning delay and there is an inordinate delay in filing the writ petition also. For these reasons, I am not persuaded to entertain the writ petition and the same is dismissed.