LAWS(KER)-2012-8-34

A S DINESAN Vs. V CHANDRA DAS

Decided On August 01, 2012
A S DINESAN Appellant
V/S
V CHANDRA DAS Respondents

JUDGEMENT

(1.) THE challenge in this original petition is confined to para 13 of the judgment in CMA No.49/08 on the file of the court of the Addl. District Judge-I of Mavelikkara. The lower appellate court directed fresh election to be conducted to the Karthikappally Taluk Committee of Sree Narayana Samskarika Samithy. The Trial Court was further directed to fix a programme for the conduct of election after publishing the list of electorate.

(2.) THE petitioner contends that such a direction was wholly unwarranted since election had already been conducted to the Taluk Committee by the State Committee on 22.04.2012 and that too on the strength of an order for police protection by judgment dated 09.04.12 in WP(C) No.8530/2012 on the file of this court.

(3.) THE contesting respondents further assert that the decision impugned in the suit was to conduct an election on 19.10.2008 which however did not take place in view of the order of injunction passed therein. The President of the Taluk Committee therefore continues in office till date and that the order of status quo would cover the conduct of fresh election also to the Taluk Committee. The petitioners point out that the election was directed to be conducted before the expiry of term in 2009 and that it will not have any bearing in the election conducted on 27.04.2012.