The petitioner has filed this writ petition seeking the following reliefs :
i) To issue a writ of mandamus directing the 1st respondent to disqualify the 4th respondent as the Councillor of Division No.II/Ward No.II of the 2nd respondent Corporation;
ii) To declare that the 4th respondent is not qualified to continue as the Councillor of Division No.II/Ward No.II of the 2nd respondent Corporation;
iii) To declare that No Ward Sabha/Ward Committee was held in Division No.II/Ward No.II of the 2nd respondent Corporation after the 4th respondent assumed charge of Office as Councillor of Division No.II/Ward No.II of the 2nd respondent Corporation;
iv) To issue a writ of mandamus directing the 1st respondent to take a decision in Ext.P8 petition within a time frame to be fixed by this Hon'ble Court;
v) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.
2. The case of the petitioner is that, the 4th respondent has not convened the meeting of the Ward Sabha as required by the Kerala Municipality Act, 1994. The petitioner therefore contends that the 4th respondent has become disqualified to continue as a Councillor. In view of the above, the petitioner has already W.P.(C) No.32654 of 2014 2 approached the Kerala State Election Commission by filing Ext.P8 petition. It is contended that, no action has been taken thereon by the authority, till date. Adv.Sri.Babu Karukappadath appears for respondents 2 and 3.
3. Heard. I notice that Ext.P8 is dated 12.11.2014. Therefore, it cannot be said that this petition has been pending before the 1st respondent for a long time. The formal procedures of issuing notice to the respondents, permitting them to file their objections, etc would certainly require some time. The petitioner has filed this writ petition without waiting for the 1st respondent to initiate appropriate action on Ext.P8. Therefore, I am not satisfied that any direction to expedite the matter is necessary to be issued at this stage.
I do not find any grounds to grant any of the reliefs claimed. This writ petition is therefore, dismissed.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV