RAMASWAMY Vs. KAMARAJ PONNUSWAMY

JUDGEMENT

(1.) Petitioners are respondents in different petitions filed by the first respondent before the Kerala State Election Commission under S.4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999, for short, the 'Act'.

(2.) The first respondent sent a petition to the Commission on 02/02/2009 by registered post alleging that the writ petitioners committed defection. The Commission's office received that on 04/02/2009, well within the period of fifteen days prescribed in R.4A(2) of the Kerala Local Authorities (Disqualification of Defected Members) Rules, 2000, for short, the 'Rules'.

(3.) Going by the files, the Commission's Secretary sent a letter by ordinary post on 16/02/2009 to the first respondent stating that the petition submitted through registered post could not be acted upon and that if the first respondent is desirous of filing petitions, he has to do so in terms of Civil Procedure Code either in person or through counsel. The first respondent pleads not to have got that. He thereafter filed different petitions under S.4(1) of the Act and applied for condonation of delay in terms of Clause 2 of R.4A of the Rules. The Commission condoned the delay, in exercise of discretion. That is impugned.