Chandra Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 20, 2022

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Citation: sooperkanoon.com/1534199
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 20, 2022
Case Number: WP(C)/24770/2020

Parties & Advocates

Appellant / Petitioner

Chandra Kumar

Respondent

State of Kerala

Excerpt

.....j.====================================================== w.p.(c) no. 24770 of 2020 ============================================================= dated this the 20th day of july, 2022judgmentthe above writ petition is filed with following prayers: “(i) declare that s.34(1)(g) of the kerala panchayat raj act, 1994 is violative of article 14 of the constitution of india.(ii) issue a writ of mandamus or any otherappropriate writ or order commanding the respondents not to reject the nomination of the petitioner only on the ground of having executed agreement pursuant to ext.p2 to p4 notices of selection.(iii) issue such other order as this hon’ble court deems fit and necessary in the facts and circumstance of the case.” (sic)2. the main prayer is not to reject the nomination ofthe petitioner on the ground of having executed agreement pursuant to exts.p2 to p4 notices. the election relates to 2020 general election. therefore, the prayers in this writ petition are -3- infructuous. moreover, even though notice was issued to the 3 rd respondent, no process was paid for sending notice. since the matter is infructuous, nothing survives. therefore, this writ petition is dismissed. sd/- p.v.kunhikrishnan judge das -4- appendix of wp(c) 24770/2020 petitioner exhibits exhibit p1 a true copy of the registration certificate. exhibit p2 a true copy of the selection notice dated 14/08/2020 issued to the exhibit p3 a true copy of the selection letter dated 21/08/2010 issued to the exhibit p4 a true copy of the letter dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944 WP(C) NO. 24770 OF 2020 PETITIONER/S: CHANDRA KUMAR, AGED 47 YEARS S/O.SREEDHARAN, CHANDRA BHAVANAM, KOMANA, AMBALAPPUZHA P.O., ALAPPUZHA. B.PRAMOD SMT.NAMITHA JYOTHISH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2 THE KERALA STATE ELECTION COMMISSION OFFICE OF THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS SECRETARY. 3 AMBALAPPUZHA SOUTH GRAMA PANCHAYAT AMBALAPPUZHA, ALAPPUZHA, PIN - 688 561 REP. BY ITS SECRETARY. SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION, KERALA KODOTH SREEDHARAN
OTHER PRESENT: SMT.K.R.DEEPA, SPL.GP(LSGD) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.

====================================================== W.P.(C) No. 24770 of 2020 ============================================================= Dated this the 20th day of July, 2022

JUDGMENT

The above writ petition is filed with following prayers: “(i) Declare that S.34(1)(g) of the Kerala Panchayat Raj Act, 1994 is violative of Article 14 of the Constitution of India.

(ii) Issue a writ of mandamus or any other

appropriate writ or order commanding the respondents not to reject the nomination of the petitioner only on the ground of having executed agreement pursuant to Ext.P2 to P4 notices of selection.

(iii) Issue such other order as this Hon’ble court deems fit and necessary in the facts and circumstance of the case.” (sic)

2. The main prayer is not to reject the nomination of

the petitioner on the ground of having executed agreement pursuant to Exts.P2 to P4 notices. The election relates to 2020 General Election. Therefore, the prayers in this writ petition are -3- infructuous. Moreover, even though notice was issued to the 3 rd respondent, no process was paid for sending notice. Since the matter is infructuous, nothing survives. Therefore, this writ petition is dismissed. sd/- P.V.KUNHIKRISHNAN JUDGE das -4- APPENDIX OF WP(C) 24770/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE. EXHIBIT P2 A TRUE COPY OF THE SELECTION NOTICE DATED 14/08/2020 ISSUED TO THE EXHIBIT P3 A TRUE COPY OF THE SELECTION LETTER DATED 21/08/2010 ISSUED TO THE EXHIBIT P4 A TRUE COPY OF THE LETTER DATED

Same Court & Year Kerala · 2022 Same Parties Chandra Kumar vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan