Shon Pellissery 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. 31707 of 2015 (K) -------------------------------------- PETITIONER:

-------------------------- SHON PELLISSERY ADVOCATE PELLISSERY HOUSE SANJO NAGAR MURINGOOR CHALAKUDY TRISSUR DISTRICT BY ADVS.SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS SRI.P.REJINARK SMT.K.B.SONY SRI.DEEPAK MOHAN SMT.A.MINI JOSEPH KUM.M .ANJU THOMAS RESPONDENTS:

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

STATE ELECTION COMMISSIONER OFFICE OF THE STATE ELECTION COMMISSION THIRUVANANTHAPURAM - 695 001 2.

RETURNING OFFICER FOR ELECTION TO THE DISTRICT PANCHAYAT, THRISSUR (DISTRICT COLLECTOR) THRISSUR - 680 001 3.

STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001 R1 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMMISSION R2 & R3 GOVERNMENT PLEADER SRI. BOBY JOHN PALIKKAPARAMBIL 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. 31707 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE EXTRACT OF THE VOTERS LIST WHICH SHOWS THAT THE PETITIONER IS A VOTER IN 13TH WARD IN MELOOR PANCHAYATH P2 :

COPY OF THE JUDGMENT DATED 17.01.2011 IN C.C. NO. 955/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY P3 :

COPY OF THE ORDER DATED 28.1.2011 IN CRL. M.P. NO. 278/2011 IN CRL. APPEAL NO. 65/2011 OF THE SESSIONS JUDGE, THRISSUR P4 :

COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT ON 15.10.2015 P5 :

COPY OF THE PROCEEDINGS DATED 15.10.2010 OF THE RETURNING OFFICER, CHALAKUDY ACCEPTING THE NOMINATION SUBMITTED BY SHIBU VALAPPEN P6:

COPY OF THE REPRESENTATION DATED 15.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31707 OF 2015 ---------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

The conviction of the petitioner by criminal court stands and only the imposition of sentence has been suspended pending appeal. Whether the offence alleged against the petitioner involves 'moral turpitude' or not is a matter for evidence.

2.

The petitioner has an effective remedy to challenge the rejection of his nomination in an election petition. There is a constitutional bar under Article 243 O(b) of the Constitution of India to entertain the writ petition at this juncture.

The writ petition fails and is dismissed.

V. CHITAMBARESH JUDGE DCS