Sri.K.Premkumar v. The Returning Officer, Munnar Grama Panchayath

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. 32016 of 2015 (B) ----------------------------------- PETITIONER:

-------------------------- SRI.K.PREMKUMAR, AGED 31 YEARS S/O. KARUPPASWAMY S RESIDING AT K.D.H.P. - CHOCKANAD ESTATE SOUTH DIVISION, MUNNAR 685 612 BY ADV. SRI.DALE P.KURIEN RESPONDENTS:

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

THE RETURNING OFFICER, MUNNAR GRAMA PANCHAYATH MUNNAR - 685 612 2.

THE PRESIDENT MUNNAR GRAMA PANCHAYATH MUNNAR - 685 612 3.

THE DISTRICT COLLECTOR IDUKKI DISTRICT IDUKKI - 685 601 4.

STATE ELECTION COMMISSION, KERALA HAVING OFFICE AT CORPORATION OFFICE COMPLEX L.M.S. JUNCTION, VIKAS BHAVAN P.O.

THIRUVANANTHAPURAM - 695 033 REPRESENTED BY THE CHIEF ELECTION COMMISSIONER R3 BY GOVERNMENT PLEADER SRI. BOBY JOHN PALIKKAPARAMBIL R4 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, KERALA STATE ELECTION COMMISSION 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. 32016 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF DULY FILLED UP FORM 2A P1(a) : COPY OF THE VOTERS I.D. CARD ISSUED ON 19.07.2005, TOWARD PHOTO IDENTITY P1(b) : COPY OF THE RATION CARD ISSUED ON 06.06.2013 TOWARDS ADDRESS PROOF P1(c) : COPY OF THE TRANSFER CERTIFICATE FROM SECONDARY SCHOOL ISSUED ON 15.06.2000, AS AGE PROOF P1(d) : COPY OF THE CERTIFICATE FROM THE SECRETARY OF MUNNAR GRAMA PANCHAYATH DATED 13.10.2015 AS PROOF OF NO LIABILITY IN THE INSTITUTION TO WHOSE OFFICE, HE CONTESTS AS AN ELECTED OFFICE BEARER P2:

COPY OF THE ORDER DATED 15.10.2015 ISSUED BY THE 1ST RESPONDENT P3:

COPY OF THE FRONT COVER OF THE HAND BOOK FOR RETURNING OFFICERS PUBLISHED BY THE STATE ELECTION COMMISSION OF KERALA P3(a): COPY OF THE PREFACE OF THE HAND BOOK FOR RETURNING OFFICERS PUBLISHED BY THE STATE ELECTION COMMISSION OF KERALA P3(b): COPY OF THE PAGE NO. 14 OF THE HAND BOOK FOR RETURNING OFFICERS PUBLISHED BY THE STATE ELECTION COMMISSION OF KERALA P3(c):

COPY OF THE PAGE NO. 15 OF THE HAND BOOK FOR RETURNING OFFICERS PUBLISHED BY THE STATE ELECTION COMMISSION OF KERALA.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 32016 OF 2015 ---------------------------------------- Dated this the 20th day of October, 2015

JUDGMENT

One of the entries in Form No. 2A accompanying the nomination paper was allegedly not filled up by the petitioner. Whether the defect made mention of is of substantial character or not is a matter to be decided on evidence.

2.

The list of contesting candidates has already been published on 17.10.2015 and it will be inequitable to tinker with the election process. There is also a bar under Article 243 O of the Constitution of India to entertain this writ petition at this juncture. The petitioner has an effective remedy by a way of election petition to call in question the election.

The writ petition is dismissed.

V. CHITAMBARESH JUDGE DCS