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High Court of KeralaWP(C)/33281/2015dismissed

Sivan Manjarambath v. Kerala State Electioin Commission

2015-11-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 33281 of 2015 (I) -------------------------------------- PETITIONER:

-------------------------- SIVAN MANJARAMBATH, AGED 62 YEARS S/O LATE AYYAPPAN, MANJARAMBATH HOUSE, HOUSE NO.295 POST NATTIKA, PIN:680566 THRISSUR DISTRICT.

BY ADVS.SRI.C.R.REKHESH SHARMA SRI.A.HAROON RASHEED RESPONDENTS:

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

1. KERALA STATE ELECTION COMMISSION REPRESENTED BY THE COMMISSIONER OFFICE OF THE KERALA STATE ELECTION COMMISSION THIRUVANANTHAPURAM, PIN:695001.

2. THE DISTRICT RETURNING OFFICER (ELECTION) (DISTRICT COLLECTOR), COLLECTORATE, THRISSUR-03.

3. THE RETURNING OFFICER (ELECTION) SECRETARY, NATTIKA GRAMA PANCHAYAT, POST VALAPPAD - 680567, THRISSUR DISTRICT.

R1 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E. COMMISSION R2 BY GOVERNMENT PLEADER SRI. BOBY JOHN PULIKKAPARAMBIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33281 of 2015 (I) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE RELEVANT PORTION OF THE RATION CARD ISSUED TO THE PETITIONERS FAMILY.

EXHIBIT P2: THE TRUE COPY OF THE VOTERS LIST OF 2010 ISSUED BY THE ELECTION COMMISSION.

EXHIBIT P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE LETTER OF REFUSAL SENT BY THE 3RD RESPONDENT, DATED 6.8.2015.

EXHIBIT P5: TRUE COPY OF THE LETTER REJECTING THE SECOND APPLICATION OF PETITIONER, DATED 19.1.2015.

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

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 33281 OF 2015 ---------------------------------------- Dated this the 02nd day of November, 2015

JUDGMENT

The petitioner seeks deletion of the names of himself and his wife from the voters list of Ward No. 3 and inclusion in the voters list of Ward No. 2 of Nattika Grama Panchayat.

2.

The voters list remains frozen from 3.00 P.M. on the last date of acceptance of the nominations. There is also a bar to entertain the writ petition under Article 243 O(b) of the Constitution of India. The petitioner is at liberty to file a properly constituted election petition. The writ petition fails and is dismissed.

V. CHITAMBARESH JUDGE DCS