Dr. C.H.Mohammad v. The District Registrar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4446 of 2015 (E) --------------------------- PETITIONER:

-------------------- DR.C.H.MOHAMMAD KAMMADATH, S/O. ABDUL RAHIMAN, KAMMADAM HOUSE, NILESHWAR P.O., KASARAGOD-671 314.

BY ADVS.SRI.P.SREEKUMAR SRI.SOORAJ T.ELENJICKAL SRI.T.S.SARATH SMT.P.M.MAZNA MANSOOR RESPONDENT(S):

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1. THE DISTRICT REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, CIVIL STATION, VIDYA NAGAR, KASARAGOD - 671 123.

2. N.K. BALAKRISHNAN MEMORIAL TRUST, REG. NO. 188/98, REPRESENTED BY ITS GENERAL SECRETARY, DOOR NO. 84, WARD NO. 11, NILESHWAR - 671314.

3. THE RETURNING OFFICER, N.K. BALAKRISHNAN MEMORIAL TRUST, DOOR NO. 84, WARD NO. II, NILESHWAR - 671 314.

4. THE EXECUTIVE COMMITTEE, N.K. BALAKRISHNAN MEMORIAL TRUST, REG. NO. 188/98, REPRESENTED BY ITS CHAIRMAN, DOOR NO. 84, WARD NO. II, NILESHWAR - 671314.

5. PADMANABHAN, THE RETURNING OFFICER, N.K. BALAKRISHNAN MEMORIAL TRUST, DOOR NO. 84, WARD NO.II, NILESHWAR - 671314.

R1 BY SENIOR GOVT. PLEADER SRI.MUHAMMED SHAFI.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4446 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT-P1TRUE COPY OF THE NOTIFICATION DATED 12/10/2014. EXHIBIT-P2TRUE COPY OF THE LIST OF CANDIDATES IN A, B AND C CLASS. EXHIBIT-P3TRUE COPY OF THE ORDER DATED 14/11/2014 IN I.A 1822/2014 IN O.S 373/2014.

EXHIBIT-P4TRUE COPY OF THE JUDGMENT IN W.P(C) 33812/2014. EXHIBIT-P5TRUE COPY OF THE NOTIFICATION FOR ELECTION DATED 12/01/2015. EXHIBIT-P6TRUE COPY OF THE OBJECTION SUBMITTED BY SUKUMARAN TO THE RETURNING OFFICER DATED 31/01/2015.

EXHIBIT-P7TRUE COPY OF THE LIST OF CANDIDATES PUBLISHED BY THE RETURNING OFFICER.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 4446 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of February, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

(i) Issue a writ of mandamus or any other writ or order directing the 1st respondent to ensure that the election to nd respondent is held in the executive committee of the 2 terms of Exhibit P1 notice by fixing a date of polling without further delay.

(ii) Declare that the election proposed to be held on the th day of February is illegal in the light of Exhibit P1 and P2.

(iii) To issue a writ of mandamus or any other writ or order directing the 1st respondent to appoint an officer of the department as the returning officer and to conduct the election as proposed in exhibit P1 and on the basis of the nominations received thereafter.

And (iv) Issue any other writ or order as is deemed fit by this Hon'ble Court in the greater interest of justice.

W.P.(C) No. 4446 of 2015 : 2 :

2. Similar writ petition has been filed by the other petitioners as well, raising almost similar grounds, by way of W.P.(C) No. 4634 of 2015. The said writ petition stands disposed of, directing the first respondent look into the matter and pass appropriate orders in accordance with law, making it clear that the election scheduled to be held on 15.02.2014 will be subject to the outcome of the orders to be passed.

3. The learned counsel appearing for the petitioner society submits that, the Statute does not confer any power upon the first respondent to deal with such issue. This however is to be considered by the 1st respondent, if such an issued is raised.

4. In the above circumstances, the petitioner is relegated to avail other appropriate remedy for redressal of the grievance, if any, which cannot be adjudicated before this Court, invoking the discretionary jurisdiction under Article 226 of the Constitution of India, more so since specific pleadings and evidence are necessary to deal with the issue.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd