A.Kunju Mytheen vs Sidharthan Neelakantan on 25 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 476 of 2009()


1. A.KUNJU MYTHEEN, AGED 53 YEARS,
                      ...  Petitioner

                        Vs



1. SIDHARTHAN NEELAKANTAN,
                       ...       Respondent

                For Petitioner  :SRI.K.JAYAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :25/06/2009

 O R D E R
                      HARUN-UL-RASHID,J.
                ---------------------------
                    R.P.NO.476 OF 2009 IN
                      C.R.P.NO.78 OF 2007
                 ---------------------------
            DATED THIS THE 25TH DAY OF JUNE, 2009

                            O R D E R

Petitioner is the respondent in C.R.P.No.78/2009. The

C.R.P. was heard and disposed of by this Court confirming the

order passed by the Munisff’s Court, Punalur in a petition filed

by the defeated candidate for declaration of the election of the

returned candidate as void. This Court on a detailed

consideration of the matter and after following the decisions

referred to in the order of the CRP, confirmed the findings of the

trial court that the returned candidate is a disqualified candidate

and held that he is disqualified from contesting the election. The

judgment of the Appellate Court was set aside and the order of

the Munsiff’s Court was restored.

2. The defeated candidate challenged the election

contending that the respondent is a disqualified candidate and

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R.P.No.476/2009

therefore he is disqualified from acting as a member of the

Panchayat under Sections 34(1)(j) and 35(1)(j) of the Kerala

Panchayat Raj Act.

3. This Court examined the contentions of the returned

candidate and also the entire evidence on record. This Court also

considered the scope and ambit of Sections 34(1)(j), 35(1)(j), 52

(1A), 102(a)(b) and 103(b) of the Kerala Panchayat Raj Act and

concluded that this is a case where Section 34(1)(j) is attracted.

Therefore, the candidate is disqualified for being chosen as a

member of the Panchayat and held that the election of the

respondent is illegal for violation of Section 52(1A) of the Act.

4. The contentions raised by the review petitioner are

the contentions raised in the CRP and the contentions were

considered by this Court and an order was passed deciding the

issues. The entire contentions raised in the CRP are re-agitated

in this review petition. No grounds are made out by the

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R.P.No.476/2009

petitioner for reviewing the order passed by this Court.

Review Petition fails and it is accordingly dismissed.

HARUN-UL-RASHID,
Judge.

kcv.