Sandhya v. State Election Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31701 of 2015 (K) PETITIONER:

-------------------------- SANDHYA, AGED 28 YEARS W/O. PRASAD RESIDING AT CHARUVILAPUTHENVEEDU THAZHAMEL, CHOORAKULAM ANCHAL P.O., KOLLAM DISTRICT BY ADVS.SRI.AJEESH S.BRITE SRI.E.A.BIJUMON RESPONDENTS:

---------------------------- 1.

STATE ELECTION COMMISSION KERALA STATE ELECTION COMMISSION CORPORATION OFFICE COMPLEX LMS JUNCTION, PALAYAM THIRUVANANTHAPURAM - 695 033 2.

THE DISTRICT COLLECTOR COLLECTORATE KOLLAM - 691 013 3.

THE RETURNING OFFICER THALUK INDUSTRIES OFFICER PUNALOOR P.O., KOLLAM DISTRICT - 691 305 4.

ASSISTANT RETURNING OFFICER ANCHAL GRAMA PANCHAYATH ANCHAL P.O.

KOLLAM DISTRICT - 691 306 R1 BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E. COMMISSION R2 TO R3 BY GOVERNMENT PLEADER SRI. BOBY JOHN PULIKKAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31701 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE NOMINATION FORM OF THE PETITIONER DATED 14.10.2015 BEFORE THE 4TH RESPONDENT P2 :

COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT AT THE TIME OF SUBMITTING THE NOMINATION DATED 14.10.2015 P3 :

COPY OF THE RECEIPT OF REMITTANCE OF FEES FOR NOMINATION DATED 14.10.2015 P4 :

COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHASILDAR PUNALUR DATED 15.10.2015 P5 :

COPY OF THE PETITION FILED BYE THE PETITIONER BEFORE THE 1ST RESPONDENT P6:

COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO. 31701 OF 2015 ---------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

The rejection of the nomination put in by the petitioner is impugned. Firstly the order rejecting the nomination has not been exhibited. Secondly, there is a bar under Article 243 O(b) of the Constitution of India to entertain the writ petition.

2.

The petitioner is free to file an election petition after the election. No interference can be made to the election process at this juncture.

The writ petition is dismissed.

V. CHITAMBARESH JUDGE DCS