Kamarunnisa 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. 31726 of 2015 (M) ---------------------------- PETITIONER(S):

-------------------------- KAMARUNNISA AGED 36 YEARS W/O.ABDUL KHADER SHAFI KAPPANAKKAL HOUSE, KAPPIL.P.O, BEKKAL, KAZARCODE-671 318 BY ADVS.SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA RESPONDENT(S):

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

STATE ELECTION COMMISSION REP. BY ITS SECRETARY CORPORATION OFFICE COMPLEX LMS JUNCTION, PALAYAM THIRUVANANTHAPURAM-695 033.

2.

DISTRICT COLLECTOR, KAZARCODE DISTRICT CIVIL STATION, KAZARCODE-671 121.

3.

RETURNING OFFICER(REVENUE DIVISIONAL OFFICER) KANHANGAD BLOCK PANCHAYATH OFFICE OF REVENUE DIVISIONAL OFFICER KAZARCODE AT KANHANGAD KAZARCODE.P.O-671 121 4.

ASSISTANT RETURNING OFFICER (BLOCK DEVELOPMENT OFFICER) KANHANGAD BLOCK PANCHAYATH KANHANGAD,KAZARCODE-671 315 R2-R4 BY ADV.BOBY JOHN PULIKKAPARAMBIL,GOVERNMENT PLEADER R1 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.31726/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF THE RECEIPT OF NOMINATION PAPER AND NOTICE FOR SCRUTINY ISSUED BY THE 4TH RESPONDENT DATED 14.10.2015. P2-TRUE COPY OF CERTIFICATE ISSUED BY THE 4TH RESPONDENT STATING THAT THE PETITIONER MAKES AN OATH AND AFFIRMATION BEFORE HIM DATED 14.10.2015.

P3-TRUE COPY OF THE FORM UNDER SECTION 29(e) DATED NIL P4-TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 15.10.2015 P5-TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 15.10.2015 P6-TRUE COPY OF THE COMMUNICATION DATED 16.10.2015. RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 31726 OF 2015 --------------------------------------- Dated this the 16th day of October, 2015

JUDGMENT

Whether the oath or affirmation made by the petitioner was duly executed or attested in the proper form is a matter for evidence. The petitioner is free to challenge the rejection of her nomination in a properly constituted election petition. There is a bar under Article 243-O(b) of the Constitution of India to entertain this writ petition at this juncture.

The writ petition fails and hence dismissed.

V.CHITAMBARESH, JUDGE sks