Sharmila Prathap v. Election Commission Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 33475 of 2015 (H) ---------------------------- PETITIONER(S):

---------------- SHARMILA PRATHAP, AGED 45 YEARS W/O.PRATHAP.P.M., RESIDING AT GEETHANJALI HOUSE ARUNAPURAM P.O., KOTTAYAM - 686 574.

BY ADV. SMT.DIVYA C BALAN RESPONDENT(S):

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

ELECTION COMMISSION OF KERALA, COMMISSIONERS OFFICE, THIRUVANANTHAPURAM - 695 003. 2.

THE ELECTORAL REGISTRATION OFFICER, PALA MUNICIPALITY, KOTTAYAM DISTRICT - 686 575. R BY SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMISSION R BY SRI.V.M.KURIAN, SC, PALA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.33475 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE RATION CARD NO.1527036169 EXHIBIT P2 :

A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA NO.KL/12/094/003780 EXHIBIT P3 :

A TRUE COPY OF THE ELECTORAL LIST TO THE YEAR 2015. EXHIBIT P4 :

A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER AND 4 OTHER FAMILY MEMBERS.

EXHIBIT P4(a) :

A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER AND 4 OTHER FAMILY MEMBER.

EXHIBIT P4(b) :

A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER AND 4 OTHER FAMILY MEMBER.

EXHIBIT P4(c) :

A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER AND 4 OTHER FAMILY MEMBER.

EXHIBIT P4(d) :

A TRUE COPY OF THE NOTICES ISSUED TO THE PETITIONER AND 4 OTHER FAMILY MEMBER.

EXHIBIT P5 :

A TRUE COPY OF THE APPEAL SEND TO THE FIRST RESPONDENT THROUGH MAIL ON 25/10/2015 EXHIBIT P6 :

A TRUE COPY OF THE COMPLAINT DATED 21.5.2013 BEFORE THE CHIEF MINISTER OF KERALA.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.33475 of 2015 --------------------- Dated this the 3rd day of November, 2015

J U D G M E N T

The petitioner challenges the removal of her name from the electoral roll of Ward No.23 of Pala Municipality. The electoral roll remains frozen from 3 p.m. on the last date of acceptance of nominations. There is also a bar under Article 243 ZG of the Constitution of India to entertain this writ petition.

2. The petitioner can however file an appeal to the District Electoral Officer. The same is permissible under Section 81 of the Kerala Municipality Act. Such a course can be resorted to before the next election.

The Writ Petition is dismissed.

Sd/- V.CHITAMBARESH, Judge.

nj/3.11.15