S.K.Jayachandran v. Thei Chief Election Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 32574 of 2015 (V) ---------------------------- PETITIONER(S):

-------------------------- S.K.JAYACHANDRAN AGED 58 YEARS S/O.KUTTANPANICKER, SHEEJA NIVAS, MAMPUZHAKARA PERUMPAZHATHUR PO, NEYYATTINKARA.

BY ADV. SRI.T.RAVIKUMAR RESPONDENT(S):

----------------------------

1. THEI CHIEF ELECTION COMMISSIONER THIRUVANANTHAPURAM 695 001.

2. THE ELECTION DEPUTY COMMISSIONER THIRUVANANTHAPURAM 695001.

3. THE ASSISTNAT REGURNING OFFICER M 01001 NEYYATTINKARA, MUNICIPALITY NEYYATTINAKARA 693 001.

R BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10- 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32574 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE VOTERS LIST P2- TRUE COPY OF THE PETITION SUBMITTD BY THE PETITONER BEFORE THE ELECTION COMMISSIONER DATED 6.10.2015 P3- TRUE COPY OF HTE NOTICE FOR SCRUTINIZE THE APPLICATION DATED 14.10.2015 P4- TRUE COPY OF THE NOTICE ISSUED BY THE RETURNING OFFICER NEYYATTINKARA MUNICIPALITY DATED 15.10.2015 RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// PA TO JUDGE

V.CHITAMBARESH, J.

--------------------------------------- W.P.(C).No.32574 of 2015 ---------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

The petitioner objects to the enrollment of 70 persons in the voters list. Firstly, the 70 persons whose interest would be affected have not been impleaded. Secondly, the voters list remains frozen on the last day for making nomination. This is explicit from Section 24

(3) of the Kerala Panchayat Raj Act. The voter's list cannot be tinkered with in proceedings under Article 226 of the Constitution of India. The petitioner is an effective remedy by way of election petition after the election process is over.

The writ petition is dismissed.

Sd/- V.CHITAMBARESH JUDGE //TRUE COPY// PA TO JUDGE