Ganesan v. State Of Kerala
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. 31752 of 2015 (T) ---------------------------- PETITIONER(S):
-------------------------- GANESAN AGED 53 YEARS S/O.MUTHAYYA, ANIL BHAVAN, ERACHILPARA, DEVIKULAM-685 613.
BY ADVS.SRI.THOMAS M.JACOB SRI.T.R.JERRY SEBASTIAN RESPONDENT(S):
---------------------------- 1.
STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.
2.
THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU.P.O 3.
THE RETURNING OFFICER, G-13, DEVIKULAM GRAMAPANCHAYATH, TALUK SUPPLY OFFICE DEVIKULAM PIN-685 613.
R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL R1-R2 BY BOBY JOHN PULIKKAPARAMBIL,GOVERNMENT PLEADER 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.31752/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF THE ACKNOWLEDGMENT FOR RECEIPT OF THE SUBMISSION OF NOMINATION P2-TRUE COPY OF ORDER NO.CS.1-1755/15 DATED 15.10.2015 REJECTING THE NOMINATION OF THE PETITIONER P3-TRUE COPY OF THE RELEVANT PAGE OF THE ELECTORAL ROLL OF THE PETITIONER P4-TRUE COPY OF THE RELEVANT PAGES OF THE HAND BOOK OF RETURNING OFFICER RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A TO JUDGE
V.CHITAMBARESH, J.
-------------------------------------- W.P(C)NO. 31752 OF 2015 --------------------------------------- Dated this the 16th day of October, 2015
JUDGMENT
The mistaken entry in the nomination put in by the petitioner was allegedly corrected by another at the time of scrutiny. Whether the mistakes corrected are of substantial nature and that the person who corrected the same was the proposer or an authorized person are matters for evidence. 2.
The writ petition which raises disputed questions of fact cannot be entertained particularly when there is a bar under Article 243-O(b) of the Constitution of India. The petitioner is free to file a properly constituted election petition questioning the election and challenge the rejection of his nomination.
The writ petition fails and hence dismissed.
V.CHITAMBARESH, JUDGE sks