Anitha Babu v. The Secretary, Corporation Of Kochi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31570 of 2015 (U) ---------------------------- PETITIONER:
------------------ ANITHA BABU, AGED 43 YEARS, W/O. BABUDAS, RESIDING AT ALINGAL HOUSE, PACHALAM, ERNAKULAM 682 012, INDEPENDENT CANDIDATE IN DIVISION NO. 73, KOCHIN CORPORATION, KOCHI. BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SMT.B.SABITHA (DESOM) RESPONDENTS:
------------------------ 1.
THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM DISTRICT 682 015.
2.
THE RETURNING OFFICER, CORPORATION OF KOCHI, ERNAKULAM DISTRICT 682 015.
3.
THE ELECTION OFFICER, CORPORATION OF KOCHI, ERNAKULAM DISTRICT 682 015.
4.
THE STATE ELECTION COMMISSION, PALAYAM, STATE ELECTION COMMISSION OFFICE, THIRUVANANTHAPURAM 695 013.
5.
THE DISTRICT ELECTORAL OFFICER, DISTRICT COLLECTOR, ERNAKULAM DISTRICT 682 030. 6.
THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
7.
SRI. SUNNY MATHEW ALANAULEY, S/O. MATHEW, HOUSE NO. 73/2545, ALANAULEY HOUSE, K.S. UDAYAN ROAD, PACHALAM P.O., KOCHI 682 012. 8.
ALBERT THOMAS AMBALATHINKAL, HOUSE NO. 776-B, AMBALATHINKAL HOUSE, S.R.M. ROAD, PACHALAM P.O., KOCHI 682 012.
9.
K.R. RAMESH, S/O. RAMACHANDRAN, KALAYATH HOUSE, GREEN R RIPPLE ROAD, ELAMAKKARA, KOCHI 682 026.
R1 BY ADV. SRI.RAAJESH S.SUBRAHMANIAN,SC,COCHIN CORPORATION BY GOVERNMENT PLEADER SRI. S. ABDUL SALAM BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31570/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :
THE TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF THE NOMINATION OF THE PETITIONER ISSUED BY THE RETURNING OFFICER.
EXHIBIT P2 :
THE TRUE COPIES OF THE MAJOR DIALIES DATED 15.10.2015 JANMABHUMI, MADHYAMAM, DESABHIMANI, MALAYALA MANORAMA & MATHRUBHUMI.
EXHIBIT P3 :
THE TRUE COPIES OF THE WRITTEN OBJECTION DATED 15.10.2015 FILED BEFORE THE RESPONDENTS 2 TO 4. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.
V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31570 OF 2015 ------------------------------------ Dated this the 15th day of October, 2015
JUDGMENT
The petitioner contends that the nomination put in by respondents 7 to 9 out of time have been received by the second respondent. Such improper acceptance of nomination materially affecting the election can very well be questioned in an Election Petition. There is a bar to entertain this writ petition at this juncture in view of Article 243 ZG of the Constitution of India. The Writ Petition fails and is dismissed.
V. CHITAMBARESH JUDGE ncd