Andrews v. The State Election Commission, Kerala State

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 WP(C).No. 32001 of 2015 (A) ------------------------------------ PETITIONER:

-------------------------- ANDREWS, S/O. GEORGE, AGED 44 YEARS, PAZHOOR VADAVATHOOR P.O., VIJAYAPURAM VILLAGE KOTTAYAM TALUK KOTTAYAM DISTRICT BY ADV. SRI.P.M.ZIRAJ RESPONDENTS:

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

THE STATE ELECTION COMMISSION, KERALA STATE, CORPORATION BUILDING THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY 2.

THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT - 686 010 3.

THE DEPUTY COLLECTOR (ELECTION) KOTTAYAM - 686 010 4.

THE SECRETARY, VIJAYAPURAM PANCHAYATH VIJAYAPURAM, KOTTAYAM DISTRICT - 686 010 5.

VIJAYAPURAM PANCHAYATH VIJAYAPURAM, KOTTAYAM DISTRICT 686 010, REPRESENTED BY ITS SECRETARY R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, KERALA STATE ELECTION COMMISSION R2 & R3 BY GOVERNMENT PLEADER SRI. BOBY JOHN PALIKKAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32001 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE NOMINATION PAPER OF THE PETITIONER DATED 14.10.2015 P2 :

COPY OF THE RECEIPT DATED 14.10.2015 ISSUED BY THE FOURTH RESPONDENT TOWARDS RECEIPT OF FEE FOR NOMINATION P3 :

COPY OF THE PLAINT IN O.S.NO. 464/2014 ON THE FILE OF MUNSIFF COURT, KOTTAYAM P4:

COPY OF THE INTERIM ORDER OF INJUNCTION IN I.A. NO. 1665/2014 IN O.S. NO. 464/2014 ON THE FILE OF MUNSIFF COURT, KOTTAYAM P5 :

COPY OF THE REPRESENTATION DATED 15.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT P6 :

COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 15.10.2015 P7 :

COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 15.10.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 32001 OF 2015 ---------------------------------------- Dated this the 20th day of October, 2015

JUDGMENT

The petitioner confines his relief to an early consideration of Ext.P5 representation pending with the first respondent. The petitioner laments that he was not issued a nomination paper for submission even after deposit of the requisite money.

2.

I direct the first respondent to consider Ext. P5 representation with notice to the petitioner as well as the fourth respondent. The same shall be done within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner is also free to call in question the election in an election petition. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS