Kerala High Court
Nafeesa K vs State Election Commission on 2 June, 2016
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938
WP(C).No. 18147 of 2014 (P)
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PETITIONER(S)/PETITIONER:
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NAFEESA K, AGED 50
W/O.SULAIMAN, PARQAKKAL HOUSE, PANAMANNA P O, PALAKKAD
DIST, MEMBER, WARD NO 2, ANANGANADI GRAMA PANCHAYATH,
PALAKKAD DIST
BY ADV. SRI.E.S.ASHRAF
RESPONDENT(S)/RESPONDENTS:
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1. STATE ELECTION COMMISSION
OFFICE OF THE STATE ELECTIN COMMISSION,
THIRUVANANTHAPURAM-695001
2. N MUHAMMED ALI
S/O.KUTTU, NEDUMKANDATHIL VEEDU, PAVUKONAM P O, (VIA)
VANIYANKULAM, MEMBER, WARD NO 13, ANANGANADI, GRAMA
PANCHAYATH, PALAKKAD DIST, PIN-678002
3. THE SECRETARY
ANANAGANADI GRAMA PANCHAYATH, PALAKKAD DIST, PIN-678001
R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K. VINOD CHANDRAN, J.
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W.P.(C) No.18147 of 2014 - P
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Dated this the 02nd day of June, 2016
J U D G M E N T
The petitioner who was elected as a member, was disqualified for the reason that the petitioner had received the sitting fees as a member of the Committee of the Local Self Government Institutions and had also received salary from the Government as an aided school teacher.
2. The learned Standing Counsel for the Election Commission submits that the disqualification would be co- termings with the term of the Panchayath Committee, which has expired and new Committee has taken charge, as per the decision of this Court reported in Krishna Kumar v. State Election Commission [2010(4) KLT 84].
In such circumstance, the writ petition filed against the disqualification would stand closed as infructuous.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/ 02/06/2016 // true copy //
P.A to Judge.