Muraleedharan v. The Kerala State Election Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32323 of 2015 (M) ---------------------------- PETITIONER(S):

----------------- MURALEEDHARAN, AGED 45 YEARS S/O.CHATHUKUTTY, CHITTADIKUNNU HOUSE, KIZHAYOOR P.O., NAMBRAM, PATTAMBI PALAKKAD DISTRICT - 679 303.

BY ADV. SRI.A.HAROON RASHEED RESPONDENT(S):

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

THE KERALA STATE ELECTION COMMISSIONER THIRUVANANTHAPURAM - 695 033.

2.

THE DISTRICT COLLECTOR, PALAKKAD DISTRICT RETURNING OFFICER (ELECTION) CIVIL STATION, PALAKKAD - 678 001.

3.

RETURNING OFFICER (ELECTION) PATTAMBI MUNICIPALITY, PALAKKAD DISTRICT - 678 001. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION R BY GOVERNMENT PLEADER SRI.BOBY JOHN PULIKKAPARAMBIL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.32323 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AND OTHERS DATED NIL.

EXHIBIT P2 :

TRUE COPY OF THE MASS PETITION FILED BY THE PETITIONER AND OTHERS TO THE FIRST RESPONDENT DATED NIL. RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.32323 of 2015 --------------------- Dated this the 26th day of October, 2015

J U D G M E N T

The electoral roll remains frozen from 3.00 p.m. on the last date of making nominations until the completion of that election. [See Narendra Madivalapa Kheni v. Manikrao Patil and Ors. (AIR 1977 (SC) 2171)]. The last date for submitting nomination to the election was 14.10.2015. The electoral roll remains frozen after 3.00 p.m. on 14.10.2015. The grievance of the petitioner as regards the discrepancy in the voters list cannot be redressed at this stage.

2. There is also a bar to entertain this writ petition under Article 243 ZG of the Constitution of India. The petitioner is free to take up the issue of revision of electoral roll before the appropriate forum after the election. The petitioner is also free to question the election in any election petition if so filed. The Writ Petition under Article 226 of the Constitution of India is misconceived.

The Writ Petition is dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj/26.10.15