SHYNI SANTHOSH KIZHAKKEKARA Vs. CYRIAC GEORGE @ BENNI KACHIRAMATTOM

JUDGEMENT

(1.) This Original Petition filed under Article 227 of the Constitution of India arises out of Ext. P3 order dated 6. 7. 2017 of the Munsiff's Court, Pala in Election O. P. No. 2 of 2015. The said election petition is one filed by the first respondent herein under Section 87, read with Sections 88 and 89 of the Kerala Panchayat Raj Act, 1994 (for brevity, 'the Act') to declare the election of the petitioner herein from Ward No. VII of Ramapuram Grama Panchayat as void and to declare that the first respondent herein has been duly elected from that Ward. In that election petition the question of maintainability has been raised as a preliminary issue. After considering the rival contentions, the court below vide Ext. P3 order dated 6. 7. 2017 held that the election petition is maintainable and both sides were directed to take pre-trial steps, if any, within two weeks from the date of order. Challenging the said order, the petitioner herein is before this Court in this Original Petition.

(2.) On 16. 8. 2017, when this Original Petition came up for admission, this Court admitted the matter on file and issued notice to the respondents by speed post. This Court has also granted an interim order of stay of all further proceedings in Election O. P. No. 2 of 2015 on the file of the Munsiff's Court, Pala for a period of one month. The said interim order was extended from time to time. During the pendency of this Original Petition, the petitioner filed I. A. No. 1795 of 2017 seeking an order to implead the fourth respondent in Election O. P. No. 2 of 2015, who was omitted to be impleaded as a party to this Original Petition. On 13. 10. 2017, this Court issued urgent notice by special messenger to the additional fourth respondent sought to be impleaded returnable by 17. 10. 2017. Service of notice is complete on the additional fourth respondent.

(3.) Heard the learned counsel for the petitioner and also the learned counsel for the first respondent.