IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.394 OF 2021(Y)
PETITIONER/S:
BOSCO LOUIS, AGED 36 YEARS,
S/O. K.A LOUIS, KARUNA NIVAS, VIDAKKUZHA,
THAIKKATTUKARA P.O, KALAMASSERY, ERNAKULAM DISTRICT,
PIN - 683106.
BY BOSCO LOUIS(PARTY IN PERSON)
RESPONDENT/S:
1 STATE ELECTION COMMISSION,
JANAHITHAM, T.C-27/6(2), VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM - 695033.
2 THE DISTRICT COLLECTOR, PANAYAPILLY HOUSE,
VIDAKKUZHA, THIKKATTUKARA P.O, KALAMASSERY - 683106.
OTHER PRESENT:
BY SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL
BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.394/2021 2
JUDGMENT
Dated this the 7th day of January 2021 The petitioner appeared in person and submitted that he contested as an independent candidate in the local body election in Ward No.9 of Kalamassery Municipality. His grievance is that the candidates belonging to political parties contested in the same ward and started election propaganda with symbols, much before submitting the nomination. According to him, only after the allotment of symbol by the returning officer, the candidates shall start election propaganda. It is submitted that the candidates belonging to the political party took advantage of the situation based on such propaganda. The petitioner approached the electoral officer-district collector with a complaint. On account of non-consideration of the complaint, the petitioner approached this Court.
2. Heard the learned Standing Counsel for the Election Commission also.
WP(C).No.394/2021 3
3. The learned Standing Counsel for the Election Commission submitted that there is no prohibition under law from starting propaganda much before submitting the nomination. It is submitted that it is for the political party to consider such action of the candidate. If the petitioner is of the view that there is a violation of any election norms, the petitioner is free to challenge the election before the Election Tribunal. This Court cannot interfere in this matter.
With liberty to challenge the grounds urged in the writ petition before the appropriate forum, the writ petition is dismissed in limine.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.394/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CANDIDATE IDENTITY EXHIBIT P2 TRUE COPY OF THE IMAGES OF CAMPAIGN BEFORE SCRUTINY OF NOMINATION.
EXHIBIT P3 TRUE COPY OF THE FIRST PETITION DATED 15.11.2020.
EXHIBIT P4 TRUE COPY OF THE SECOND PETITION DATED 23.11.2020.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE