Vinayachandran vs The Secretary
2021 Latest Caselaw 2923 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.2115 OF 2021(L)


PETITIONERS:

      1        VINAYACHANDRAN
               AGED 41 YEARS
               S/O.PRABHAKARAN ILLAI,
               PRAKASH BHAVANAM, MYNAGAPALLY.

      2        SHIVASHANKARAPILLAI
               S/O. RAGHAVAN PILLAI,
               PARAYANDE KIZHAKATHIL, MYNAGAPPALLY.

               BY ADV. SRI.M.R.SASITH

RESPONDENTS:

      1        THE SECRETARY
               DISTRICT LIBRARY COUNCIL,
               KOLLAM, PIN-691 021.

      2        THE SECRETARY
               TALUK LIBRARY COUNCIL, BHARANIKKAVU,
               SASTHAMKOTTA, PIN-690 520.

      3        THE RETURNING OFFICER
               NAVODAYA GRANDHASALA,
               NORTH MYNAGAPPALLY, PIN-690 519.

      4        THE SECRETARY
               NAVODAYA GRANDHASALA,
               NORTH MYNAGAPPALLY, PIN-690519.


OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2115 OF 2021(L)

                                            2


                                J U D G M E N T

The writ petition is filed pointing out that

election which was originally scheduled to be held on

29.03.2020, is now scheduled to be held on 31.01.2021, by

issuing a notice on 21.01.2021. According to the

petitioners, the election can be held only in accordance

with the provisions contained in the bye-law which

mandates 30 days notice from the date of notification.

Petitioners also claim that there are defects in the

voters list as well as in appointment of the returning

officer.

Therefore there shall be a direction to the 3 rd

respondent to consider and pass orders on the

representation submitted by the petitioners in Ext.P7

within a period of 'two days' from the date of receipt of

a copy of the judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.2115 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED 28.2.2020.

EXHIBIT P2 TRUE COPY OF THE VOTER'S LIST ISSUED ALONG WITH EXT-P1 ELECTION NOTIFICATION.

EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED ON 21.1.2021.

EXHIBIT P4 TRUE COY OF THE RELEVANT PAGES OF THE ELECTION SUB-RULES OF THE BY-LAWS OF THE KERALA STATE LIBRARY COUNCIL.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT DATED 23.1.2021.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 23.1.2021.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED 23.1.2021.

EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPTS.