Anitha Raju v. 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. 32662 of 2015 (G) -------------------------------------- PETITIONER:

-------------------------- ANITHA RAJU KUMBATHARA HOUSE, KAROOR P.O.

THAZHIKADUVAZHI ALOOR VILLAGE THRISSUR BY ADV. SMT.INDU SUSAN JACOB RESPONDENTS:

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

CHIEF ELECTION COMMISSIONER KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM PIN - 695 001 2.

DISTRICT COLLECTOR, THRISSUR DISTRICT - 680 001 3.

RETURNING OFFICER ALOOR GRAMA PANCHAYAT THRISSUR DISTRICT - 680 683 4.

SECRETARY ALOOR GRAMA PANCHAYAT THRISSUR DISTRICT - 680 683 5.

SMT. HELEN CHACKO KACHAPPILLY HOUSE KAROOR P.O., THAZHEKKADU THRISSUR - 680 697 6.

SMT. SOPHY TOMY THOTTAPILLY HOUSE KAROOR P.O., THAZEKKADU THRISSUR - 680 697 7.

SMT. REJITHA BABU KOKKUVAYAAL HOUSE VELLANCHIRA P.O., PROUNNAKKUNNU - 680 697 R1 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E. COMMISSION R2 TO R4 BY GOVERNMENT PLEADER BOBY JOHN PULIKKAPARAMBIL 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. 32662 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1(a).

COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF PETITIONER'S NOMINATION PAPER DATED 13.10.2015 ISSUED BY THE THIRD RESPONDENT EXHIBIT P1(b).

COPY OF THE ACKNOWLEDGMENT OF RECEIPT OF PETITIONER'S NOMINATION PAPER DATED 13.10.2015 ISSUED BY THE THIRD RESPONDENT EXHIBIT P2.

COPY OF THE FORM NO. 2A SUBMITTED BY THE PETITIONER ALONG WITH THE NOMINATION PAPER EXHIBIT P3.

COPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT REJECTING PETITIONER'S NOMINATION PAPER EXHIBIT P4.

COPY OF THE REPORT OF THE DIRECTION ISSUED BY THE STATE ELECTION COMMISSION TO THE RETURNING OFFICER REPORTED IN THE DAILY NEWSPAPER MALAYALA MANORAMA PUBLISHED ON 15.10.2015 EXHIBIT P5.

COPY OF THE REPRESENTATION DATED 21.10.2015 MADE BY MR. N.K. JOSEPH TO THE 2ND RESPONDENT EXHIBIT P6.

COPY OF THE REPRESENTATION DATED 16.10.2015 MADE BY THE PETITIONER TO THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 32662 OF 2015 ---------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

Whether Form 2A accompanying the nomination paper has been validly filled up particularly in relation to property tax is a matter for evidence. The ballot papers had reportedly been printed and the election process is at an advance stage. It will be inequitable to interfere with the election process at this stage particularly in view of the bar under Article 243 O(b) of the Constitution of India. The petitioner has after all an effective remedy to call in question the election by a properly constituted election petition.

The writ petition fails and is dismissed.

V. CHITAMBARESH JUDGE DCS