Mahesh N vs Mahatma Gandhi University
2021 Latest Caselaw 4378 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.3040 OF 2021(D)


PETITIONER:

               MAHESH N
               AGED 46 YEARS
               S/O. T.V.NANAPPAN, ALUMMOOTTIL HOUSE, PRAYAR NORTH,
               PRAYAR P.O., OCHIRA, KOLLAM DISTRICT-690526.

               BY ADVS.
               SRI.VARUGHESE M EASO
               SRI.VIVEK VARGHESE P.J.

RESPONDENTS:

      1        MAHATMA GANDHI UNIVERSITY
               REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS
               P.O., KOTTAYAM-686560.

      2        RETURNING OFFICER,
               JOINT REGISTRAR-I (ADMN), MAHATMA GANDHI UNIVERSITY,
               PRIYADARSHINI HILLS P.O., KOTTAYAM-686560.

      3        REGISTRAR,
               MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
               KOTTAYAM-686560.

      4        VICE CHANCELLOR,
               MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
               KOTTAYAM-686560.

               SRI.ASHOK M CHERIAN, SC, MGU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3040 OF 2021

                                          2



                                  JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) to call for the entire records related to the Exhibits P1 and issue a writ of mandamus commanding the respondents 2 to 4 to take necessary steps to ensure the secrecy of votes cast by the voters in the ensuing election to the Senate of the 1 st respondent University, notified as per Ext.P1 election notification;

ii) to issue a writ of mandamus or any other writ direction or order directing the respondents 2, 3 and 4 to take necessary steps to ensure that the preference of vote of electors shall not be revealed under any circumstances during the election and post election.

iii) to issue a writ of mandamus or any other writ direction or order directing the respondents 2, 3 and 4 to ensure safe custody of ballot after election and take appropriate measures to ensure the disposal of ballot papers after the statutory period."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent University.

3. It is submitted by the learned counsel for the petitioner that the

election to the Senate of the University is being conducted on

09.02.2021 and that the petitioner is a candidate for the election. It is

stated that on account of the serial number of the ballot paper being WP(C).No.3040 OF 2021

entered both in the counterfoil as well as in the ballot paper, there is a

real possibility that the secrecy of the ballot will be violated. Pointing

out this issue, the petitioner has preferred Ext.P4 representation

before the Returning Officer and seeks a consideration of the same.

4. The learned Standing Counsel appearing for the University

submits that appropriate steps will be taken to see that the secrecy of

the ballot is maintained and that Ext.P4 representation will be duly

considered by the Returning Officer.

In the above view of the matter, this writ petition is disposed of

with a direction to the Returning Officer to consider Ext.P4

representation preferred by the petitioner and to take appropriate

steps to see that the secrecy of the ballot is maintained.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3040 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.3110/1/1/2020/ELEN. DATED 05.1.2021 ISSUED BY 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF NOTIFICATION NO.3110/1/1/2020/ELEN. DATED 27.1.2021 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26.10.2018 IN WP(C) NO.34089 OF 2018 OF THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 3.2.2021 BY THE PETITIONER SUBMITTED BEFORE THE RETURNING OFFICER.

EXHIBIT P5 TRUE COPY OF THE SUBMISSION BEFORE THE VICE CHANCELLOR, M.G. UNIVERSITY DATED 4.2.2021.

EXHIBIT P6 TRUE COPY OF THE MODEL BALLOT PUBLISHED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL