This original petition is directed against Ext.P9 order passed by the District Court, Palakkad in I.A.No.1510/2013 in A.S (Election) No.130/2013. The operative portion of the order reads as follows: “In the result, the Interlocutory Application is allowed in part preserving the petitioner's right to participate in the meetings and restraining her from exercising any voting rights in the meetings and proceedings of the Panchayat, to which office she was declared elected, till the disposal of the appeal”.
2. The petitioner before the court below had challenged the order of the Munsiff Magistrate Court, Pattambi passed on 27.08.2013 in the Election Original Petition No.9/2010 by which the election of the petitioner to Neyyur Constituency was declared void and the respondent therein was declared as elected. Along with the appeal, I.A was also filed before the
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lower appellate court and the earlier order passed on I.A. was challenged before this Court. This Court disposed of the original petition by Ext.P8 order directing that court to consider the matter afresh within one week from 06.11.2013. After the said order, the impugned order Ext.P9 has been passed.
3. While admitting the original petition, this Court had passed an interim order which reads as follows:
“2. Learned counsel for the petitioner submits that pursuant to the order passed under Ext.P9, the respondent herein had not taken the oath afresh and had not assumed the office. Hence, considering all the aspects, the impugned order (Ext.P9) has to be stayed.
Issue notice to the respondent by Special Messenger.
Posted to 16.12.2013.
Interim stay as prayed for till 16.12.2013”.
4. This Court had observed that the respondent has not taken the oath afresh and it was that fact which had persuaded this Court to pass an interim order. Interim order has been in force for one year now. Reversing the interim order to change the state of affairs as of now is undesirable.
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This Original Petition is therefore disposed of directing the District Court, Palakkad to take up A.S (Election) No.130/2013 and dispose of it as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, the interim order passed by this Court on 10.12.2013 shall be in force.
P.BHAVADASAN JUDGE smp