Jayathara J.S. v. The Returning Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 32244 of 2015 (E) ---------------------------- PETITIONER(S):

-------------------------- JAYATHARA J.S. AGED 36 YEARS W/O.SHIBU, PUTHUVAVILA VEEDU, KARAKKAD, KUTTIKAD. P.O KADAKKAL, KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENT(S):

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

THE RETURNING OFFICER KADAKKAL GRAMA PANCHAYATH KADAKKAL.P.O, KOLLAM (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTARAKKARA KOLLAM-691 506 2.

THE DISTRICT COLLECTOR COLLECTORATE, CUTCHERY P.O KOLLAM-691 013.

3.

THE STATE ELECTION COMMISSION KERALA THIRUVANANTHAPURAM CORPORATION OFFICE COMPLEX, VIKAS BHAVAN.P.O THIRUVANANTHAPURAM-33.

4.

SMT.SINDHU, W/O.VINOD, AMBADI HOUSE KARAKKAD, KUTTIKAD. P.O KADAKKAL, KOLLAM DISTRICT - 691 537 5.

SRI.SATHYADEVAN, S/O.NARAYANAN SHERLIN HOUSE, VALIYAVENGAD PULLIPPARA P.O, KADAKKAL.P.O, KOLLAM-691 536. R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R2 BY BOBY JOHN PULIKKAPARAMBIL,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C)NO.32244/2015 APPENDIX PETITIONERS EXHIBITS P1-TRUE COPY OF ORDER DATED 15.10.2015 ISSUED BY THE FIRST RESPONDENT TO THE PETIITONER P2-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE petitioner BEFORE THE FIRST RESPONDENT P3-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P4-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE petitioner BEFORE THE 3RD RESPONDENT P5-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT P6-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT P7-TRUE COPY OF APPLICATION DATED 15.10.2015 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 32244 OF 2015 --------------------------------------- Dated this the 21st day of October, 2015

JUDGMENT

The nomination put in by the petitioner stands rejected for the reason that some person has acted as a proposer for two candidates. Whether the same is permissible exercise or not is a matter to be decided in an election petition. 2.

There is a bar under Article 243-O of the Constitution of India to entertain this writ petition at this juncture. The writ petition fails and hence dismissed.

V.CHITAMBARESH, JUDGE sks