IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20718 OF 2022
PETITIONER:
NEZIAH BEN ROSE
AGED 24 YEARS
D/O BANJAMIN M K., IIND -SEM, BA POLITICAL SCIENCE
STUDENT IN UNIVERSITY COLLEGE, THIRUVANANTHAPURAM,
RESIDING AT LOGOS. MUTTAM P.O, MUTTAM.E.K, IDUKKI-685
587.
BY ADVS.
V.JOHN MANI
JACKSON JOHNY
VARGHESE SABU
SETHULAKSHMI K.K.
DIANA LAURANCE PAUL
RESPONDENTS:
1 UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM - 695034,REPRESENTED BY ITS
REGISTRAR.
2 RETURNING OFFICER,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM'
THIRUVANANTHAPURAM - 695034
3 ADITHYAN S R,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
IXTH SEM, BA LLB, CSI INSTITUTE OF LEGAL STUDIES,
CHERUVARAKKONAM - 695502
4 ARPAN P.VARGHESE,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
5TH SEM, LLB UNITARY DEGREE COURSE, KERALA LAW ACADEMY
LAW COLLEGE, PEROORKADA, THIRUVANANTHAPURAM 695005
5 GOKULNATH G.S,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
VITH SEM, FIVE YEAR BA LLB, GOVERNMENT LAW COLLEGE,
WP(C) NO. 20718 OF 2022
2
BARTON HILL, THIRUVANANTHAPURAM-695035
6 SRUTHI M.R,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER.
IIND SEM MA MALAYAM, UNIVERSITY COLLEGE, PALAYAM,
THIRUVANATHAPURAM - 695034
7 VISHNU J,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
VITH SEM BA POLITICAL SCIENCE, ST. GREGORIUS COLLEGE,
KOTTARAKARA, KOLLAM - 691531
8 JAYAKRISHNAN J.A,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
BA MALAYALAM, SREE NARAYANA COLLEGE, CHERTHALA - 688523
9 NAZEEM M,
AGED 23 YEARS, FATHER'S NAME IS NOT KNOWN TO THE
PETITIONER, IIND YEAR BA VEDANTA, GOVERNMENT SANSKRIT
COLLEGE ,THIRUVANATHAPURAM.- 695034
10 ABHIJITH A K,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
M.PHIL POLITICAL SCIENCE DEPARTMENT OF POLITICAL
SCIENCE ,UNIVERSITY OF KERALA- 695034
11 RAHUL KRISHNAN,
AGE AND FATHER'S NAME IS NOT KNOWN TO THE
PETITIONER,M.PHIL POLITICAL SCIENCE DEPARTMENT OF
POLITICAL SCIENCE UNIVERSITY OF KERALA -695034
SRI THOMAS ABRAHAM-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20718 OF 2022
3
JUDGMENT
The petitioner alleges that the party respondents have been included in the panel of candidates to the ensuing election to the Senate of the Kerala University, even though they have several papers left without being cleared. She, therefore, prays that Ext.P3 final list of candidates be quashed.
2. I am afraid, I cannot find favour with the afore submissions of Sri.V.John Mani - the learned counsel for the petitioner, to intervene with the election process because, as is now well settled, the remedy of the petitioner is to challenge the same, after the process is over.
3. This is more so because the learned Standing Counsel for the University - Sri.Thomas Abraham, confirms that the ballet papers have been printed and election is WP(C) NO. 20718 OF 2022 4 scheduled on 27.06.2022.
Resultantly, leaving open the afore liberty of the petitioner, I close this writ petition without any further orders.
I, however, clarify that I have refused to exercise discretion only because this Court cannot enter into the merits of the election process once it has been notified and for no other reason; and therefore, that any challenge to the election by the petitioner shall be considered by the competent Authority untrammeled by this judgment or by my observations.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 20718 OF 2022 5 APPENDIX OF WP(C) 20718/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF COLLEGE IDENTITY CARD OF PETITIONER Exhibit P2 A TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY 2ND RESPONDENT DATED 09/06/2022 Exhibit P3 A TRUE COPY OF THE FINAL LIST OF CANDIDATES VALIDLY NOMINATED FOR THE ELECTION OF 10 FULL TIME STUDENTS TO THE SENATE BY THE MEMBERS OF THE GENERAL COUNCIL OF THE KERALA UNIVERSITY UNION 2021-2022 DATED 20/06/2022 Exhibit P4 A TRUE COPY OF THE FINAL LIST OF CANDIDATES VALIDLY NOMINATED FOR THE ELECTION OF THE EXECUTIVE COMMITTEE AND MEMBERS OF THE ACCOUNTS COMMITTEE OF THE KERALA UNIVERSITY UNION (2021-2022) FROM AMONG THE MEMBERS OF THE GENERAL COUNCIL OF THE KERALA UNIVERSITY UNION DATED 20/06/2022 Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/06/2022 Exhibit P6 A TRUE COPY OF THE REPLY OF 2ND RESPONDENT IN EXHIBIT P5 COMPLAINT DATED 22/06/2022 Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF NATIONAL EDUCATION POLICY 2020 OF MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA Exhibit P8 A TRUE COPY OF THE COMPLAINT FILED BY BOBAN P.M. BEFORE 2ND RESPONDENT DATED 23/06/2022 Exhibit P9 A TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT UNIVERSITY DATED 23/06/2022 Exhibit P10 A TRUE COPY OF THE LYNGDOH COMMITTEE RECOMMENDATIONS