High Court Kerala High Court

T.D.David vs P.D.Poulose on 9 January, 2008

Kerala High Court
T.D.David vs P.D.Poulose on 9 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1070 of 2002(F)


1. T.D.DAVID S/O.DEVASSY,AGED 49 YEARS
                      ...  Petitioner

                        Vs



1. P.D.POULOSE S/O.DEVASSY,AGED 51 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.MATHEW ZACHARIAH

                For Respondent  :SRI.JEEMON K.ABRAHAM

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :09/01/2008

 O R D E R
                         PIUS C. KURIAKOSE, J.
                          -------------------------------
                        C.R.P. No. 1070 OF 2002
                        -----------------------------------
                 Dated this the 9th day of January, 2008

                                  O R D E R

Under challenge in this Civil Revision Petition is the judgment of

the District Court, Ernakulam interfering with the judgment of the

election tribunal holding that the election petition filed against the

petitioner who was a candidate from Ward No.7 of Angamaly

Municipality is not maintainable. Even though this case was argued in

extenso by late Sri.Mathew Sakharia, due to change of jurisdiction, the

arguments could not be concluded and has remained undisposed till

date. Obviously, the petitioner has been continuing as councilor on the

strength of successive elections to the Council. The Civil Revision

Petition has become infructuous. It will also be noticed that the election

petition from which the CRP arose has also become infructuous. The

Civil Revision Petition is dismissed as infructuous. The Munsiff Court ,

Aluva is directed to close the election petition, EOP No. 3 of 2000 as

infructuous.




                                          PIUS C. KURIAKOSE, JUDGE
btt

WPC    2