IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1668 of 2007(W)
1. DEEPU RAMAKANTHAN, THADATHARIKATHU
... Petitioner
Vs
1. SOMAN NAIR, S/O.MADHAVAN PILLAI,
... Respondent
For Petitioner :SRI.P.SASIDHARAN NAIR(CHERUNNIYOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C)NO.1668 OF 2007
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DATED THIS THE 15th DAY OF JANUARY, 2007
JUDGMENT
petitioner is respondent in Election O.P.3/05. He had filed a
recrimination petition as provided under Section 99 of Kerala
Panchayat Raj Act. Petitioner is challenging Ext.P6 order passed by
Munsiff in I.A.1360/07. I.A.1360/07 was filed to call for the records
produced by returning officer in O.P.(Election) 14/05. Learned Munsiff
dismissed the application.
2. Argument of learned Counsel appearing for petitioner was
that petitioner had earlier filed an application and summoned the
District Election Officer and all the documents were not produced by
him and the documents were produced in O.P.(Election)14/05 pending
before Second Additional Munsiff Court, Nedumangad and those
documents are necessary for proving the case set up by petitioner in
the recrimination petition and therefore Ext.P6 order is to be quashed
and those documents are to be called for.
3. On going through Ext.P5 application and Ext.P6 order, I do
not find any illegality or irregularity or any other infirmity warranting
interference in exercise of the extraordinary jurisdiction of this Court
W.P.(c)1668/07 2
under Article 227 of Constitution of India in Ext.P6 order. What was
sought for under Ext.P5 is to call for the entire records produced by
returning officer of Aryanadu Grama Panchayat in O.P.(Election)
14/05. Petitioner did not specify, which are the relevant documents
necessary for proving his case . In such circumstances, the
dismissal is perfectly correct.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,JUDGE
Acd
W.P.(c)1668/07 3