Kerala High Court
Ismail vs State Of Kerala on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
WP(C).No.518 OF 2021(L)
PETITIONER:
ISMAIL
AGED 50 YEARS
S/O. MOIDEEN, PUTHUSSERY HOUSE, PATHAMPAD,
NIRAMARUTHUR P.O, MALAPPURAM - 676109.
BY ADVS.
SRI.K.A.JALEEL
SRI.C.Y.VINOD KUMAR
SHRI.ABDUL SAMAD K.K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695301
2 KERALA STATE ELECTION COMMISSION
JANAHITHAM, TC. 27/6(2), VIKAS BHAVAN P.O,
TRIVANDRUM - 695033.
3 THE DISTRICT COLLECTOR
MALAPPURAM, CIVIL STATION, MALAPPURAM - 676505.
4 THE RETURNING OFFICER,
NIRAMARUTHUR GRAMA PANCHAYATH, NIRAMARUTHUR P.O,
MALAPPURAM - 676109.
5 NIRAMARUTHUR GRAMA PANCHAYATH
PANCHAYATH OFFICE, NIRAMARUTHUR P.O,
MALAPPURAM - 676109. REPRESENTED BY ITS SECRETARY.
6 P.P. SAITHALAVI
S/O. MOIDEEN BAVA, PUTHENPURAYIL HOUSE,
PUTHIYAKADAPURAM P.O, UNNIAL, MALAPPURAM - 676302.
WP(C).No.518 OF 2021(L) -2-
7 ABIDA
W/O. IBRAHIMKUTTY, PULICKAL, NIRAMARUTHUR P.O,
MALAPPURAM - 676109.
R2 BY SHRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
R5 BY ADV. SMT.BINDUMOL JOSEPH
R5 BY ADV. SRI.B.S.SYAMANTHAK
R6 BY ADV. SRI.ENOCH DAVID SIMON JOEL
R6 BY ADV. SRI.S.SREEDEV
R6 BY ADV. SRI.RONY JOSE
R6 BY ADV. SHRI.CIMIL CHERIAN KOTTALIL
R7 BY ADV. DR.K.P.SATHEESAN (SR.)
R7 BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
R7 BY ADV. SRI.K.SUDHINKUMAR
R7 BY ADV. SRI.S.K.ADHITHYAN
R7 BY ADV. SRI.SABU PULLAN
R7 BY ADV. SRI.GOKUL D. SUDHAKARAN
BY GOVT. PLEADER SRI.RAVI KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==================
W. P. (C) No.518 of 2021
==================
Dated this the 17th day of February, 2021
JUDGMENT
Election to the post of President of the
Niramaruthur Grama Panchayath, Malappuram District
is under challenge in this writ petition.
2. The petitioner and the sixth respondent in
the writ petition were the candidates for the post
of President. The contention of the petitioner is
that, the vote cast by the 7th respondent was
illegally declared as invalid by the 4th respondent
Returning Officer; the vote needs to be declared as
valid. He seeks for quashing the declaration of the
sixth respondent as the elected President and also
for a declaration that the petitioner has won the
election.
3. Section 153(14)(a) of the Kerala Panchayath
Raj Act 1994 reads thus:-
"(14) Where a dispute arises as to the validity of
an election of President or Vice-President of a
Panchayat, any member of that Panchayat may
W. P. (C) No.518 of 2021
file a petition,-
(a) in the case of Village Panchayat, before
the Munsiff Court having jurisdiction over the
area in which its headquarters is situated;"
4. The remedy of the petitioner is to move an
election petition before the Munsiff's Court as
prescribed by the Rules. A writ petition is not the
proper remedy. [Jaspal Singh Arora v. State of M.P. and others
(1998) 9 SCC 594; Shailamma Issac v. Returning Officer, Anicadu Grama
Panchayat, Mallappally and Others (2014 (1) KLT 410) & Thomas K.
Peelianickal v. State Election Commission and others 2020(4) KHC 615].
Accordingly, relegating the petitioner to the
statutory remedy, the writ petition is disposed of.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
WP(C).No.518 OF 2021(L)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION NO.
308/2020/SEC DATED 12.11.2020 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO.
B1/33870/2020/SEC DATED 16.12.2020 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RESULT DATED 30.12.2020
PUBLISHED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 30.12.2020
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
01.01.21 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
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