Fathma v. Kerala State Election Commission
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 -------------------------------------- PETITIONER:
-------------------------- FATHMA, AGED 48 YEARS WIFE OF KUNHIMOIDEEN MOOCHIKADAN HOUSE PARAPPUR P.O.
PARAPPUR GRAMA PANCHAYAT MALAPPURAM DISTRICT PIN - 656 728 BY ADVS.SRI.O.V.MANIPRASAD SRI.JOSE ANTONY RESPONDENTS:
---------------------------- 1.
KERALA STATE ELECTION COMMISSION CORPORATION OFFICE COMPLEX LMS JUCTION, PALAYAM, THIRUVANANTHAPURAM PIN - 695 033 REPRESENTED BY SECRETARY 2.
THE DISTRICT COLLECTOR AND DISTRICT ELECTION OFFICER MALAPPURAM 3.
THE RETURNING OFFICER, PARAPPUR GRAMA PANCHAYAT (THE ASSISTANT EXECUTIVE ENGINEER, PWD, (LSGD) VENGARA BLOCK PANCHAYAT OFFICE, VENGARA P.O., MALAPPURAM DISTRICT, PIN - 676 304 4.
THE ASSISTANT RETURNING OFFICER, PARAPPUR GRAMA PANCHAYAT (THE SECRETARY PARAPPUR GRAMA PANCHAYAT) PARAPPUR GRAMA PANCHAYAT OFFICE, PARAPPUR P.O., MALAPPURAM DISTRICT PIN - 676 503 5.
SRI. ANIL DAS, THE ASSISTANT EXECUTIVE ENGINEER PWD, (LSGD), VENGARA BLOCK PANCHAYAT OFFICE, VENGARA P.O., MALAPPURAM DISTRICT PIN- 676 304
6.
SMT. NASEERA THOOMBATH W/O. ABDULSALAM, VATTAPARAMBU PARAPPUR P.O., MALAPPURAM DISTRICT PIN - 676 503 R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, KERALA STATE ELECTION COMMISSION R2 BY GOVERNMENT PLEADER SRI. MURALI PURUSHOTHAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
COPY OF THE NOTIFICATION DATED 07.10.2015 ISSUED BY THE FIRST RESPONDENT ELECTION COMMISSION P2 :
COPY OF THE REPRESENTATION DATED 15.10.15 BEFORE THE FIRST RESPONDENT P3 :
COPY OF THE NEWS ITEM APPEARED IN SUPRABHATHAM DAILY DATED 18.10.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31990 OF 2015 ---------------------------------------- Dated this the 20th day of October, 2015
JUDGMENT
The order rejecting the nomination put in by the petitioner has not been exhibited. It transpires that Form No. 2A which accompanied the nomination as provided under Section 52(1A) of the Kerala Panchayat Raj Act, 1994 was not signed by the petitioner. Whether the defect noticed is of substantial character or not is a matter for evidence.
2.
Moreover the list of contesting candidates has already been published on 17.10.2015. It will be inequitable to tinker with the process of election at this juncture. There is also a bar under Article 243 O of the Constitution of India to entertain this writ petition. 3.
The petitioner is free to agitate the question in a properly constituted election petition. The petitioner is at liberty to urge all the grounds available while call in question the election.
The writ petition is dismissed.
V. CHITAMBARESH JUDGE