Suseela v. State Election Commission

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. 31710 of 2015 (K) ---------------------------- PETITIONER(S):

-------------------------- SUSEELA AGED 52 YEARS W/O.GOPAKUKMAR, RESIDING AT SIVA PRABHA SREERANGHAM LANE, THIRUNEKKARA, KOTTAYAM-686 001. BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENT(S):

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

STATE ELECTION COMMISSION REP. BY ITS SECRETARY CORPORATION OFFICE COMPLEX THIRUVANANTHAPURAM-695 033.

2.

THE RETURNING OFFICER OR WARD NO.21 OF M-17 KOTTAYAM ` MUNICIPALITY AND THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM-686 001. BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C)NO.31710/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF THE NOMINATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH THE ACCOMPANYING DOCUMENTS P2-TRUE COPY OF ORDER DATED 16.10.2015 OF THE SECOND RESPONDENT REJECTING THE NOMINATION OF THE PETITIONER P3-TRUE COPY OF THE SET OF NOMINATION PAPERS IN THE PRESCRIBED FORM SUPPLIED BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 31710 OF 2015 --------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

The petitioner has evidently not presented herself before the Returning Officer and the nomination was submitted by her agent. Whether the oath or affirmation made by the petitioner is in the prescribed form or not is a matter for evidence. The petitioner is free to agitate this question in a properly constituted election petition. There is a bar under Article 243-Z(g) of the Constitution of India to entertain this writ petition.

The writ petition fails and hence dismissed.

V.CHITAMBARESH, JUDGE sks