Kerala High Court
K.P.Mohammed Musthafa @ ... vs Najeeb Kanthapuram on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 1st day of February 2023 / 12th Magha, 1944
IA.NO.4/2023 IN EL.PET. NO. 4 OF 2021
PETITIONER/ELECTION PETITIONER:
K.P.MOHAMMED MUSTHAFA @ K.P.M.MUSTHAFA,AGED 53 YEARS,
S/O.MOHAMMEDALI HAJI,RESIDING AT 15/306,KIZHAKKEPALLIKAL HOUSE,
DOWNHILL P.O.,PIN-676 519, MALAPPURAM,MALAPPURAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1.SRI.V.R.PREMKUMAR,DISTRICT COLLECTOR/DISTRICT ELECTION OFFICER,
038-PERINTHALMANNA ASSEMBLY CONSTITUENCY,MALAPPURAM DISTRICT.
2.SMT.SREEDHANYA SURESH,SUB-COLLECTOR/RETURNING OFFICER,
038-PERINTHALMANNA ASSEMBLY CONSTITUENCY,MALAPPURAM DISTRICT.
Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to take action against the respondents
and other officials liable for violating the directions contained in the order
dated 06/09/2021 in I.A no.1 of 2021 in the above election petition, in the
interest of justice.
This Application coming on for orders upon perusing the application and
the affidavit filed in support thereof, and upon hearing the arguments of
SRI.S.SREEKUMAR, Senior Advocate and M/S. P.MARTIN JOSE, P.PRIJITH, THOMAS
P.KURUVILLA, MANJUNATH MENON, AJAY BEN JOSE, SACHIN JACOB AMBAT, R.GITHESH,
HARIKRISHNAN S. & ANNA LINDA V.J.,A.JANI Advocates for the petitioner and of
SRI.DEEPU LAL MOHAN Standing Counsel for Election Commission, the court passed
the following:
P.T.O.
A. BADHARUDEEN, J.
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I.A.Nos. 2, 3, 4 & 5 of 2023
in
Election Petition No. 4 of 2021
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Dated this the 1st day of February, 2023
ORDER
Adv.Deepu Lal Mohan, learned Standing Counsel for the Election Commission, seeks time to get instructions in I.A. No.3 of 2023, in the matter of impleadment of the Election Commission of India as party to these proceedings. Therefore, the learned Standing Counsel is directed to get instructions and submit the matter within seven days.
2. The learned counsel for the petitioner filed two petitions I.A. No.2 of 2023 and and I.A. No.4 of 2023. Apart from the impleading petition, the learned counsel for the respondents filed another petition, I.A. No. 5 of 2023, to enquire the events in the matter of missing of ballot papers by the Election Commission. Therefore, opposite parties in these petitions seek time to file objections. File objections within a period of seven days, without fail.
3. Post on 10.02.2023 to consider these applications on merits.
I.A.Nos. 2,3,4 & 5 of 2023 in Election Petition NO. 4 OF 2021 2 Parties are directed to serve copies of all the above petitions to the learned Standing Counsel appearing for the Election Commission, for his perusal and further action, within a period of three days.
Sd/-
A. BADHARUDEEN JUDGE SK 01-02-2023 /True Copy/ Assistant Registrar