Bosco Louis vs State Election Commission
2021 Latest Caselaw 562 Ker

                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.

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

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