Ajayakumar vs The State Election Commission
2021 Latest Caselaw 564 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.25225 OF 2020(C)


PETITIONERS:

      1        AJAYAKUMAR
               AGED 56 YEARS
               S/O. DAMODARAN, KOLLANTEKATTIL, MUTHUKULAM NORTH,
               CHOOLATHERUVU P.O, ALAPPUZHA - 690506.

      2        ANILKUMAR B
               AGED 49 YEARS
               S/O. BHASKARAN, KANDANKERY PUTHUVAL, MUTHUKULAM SOUTH
               P.O, ALAPPUZHA - 690506.

               BY ADVS.
               SRI.P.B.SAHASRANAMAN
               SRI.T.S.HARIKUMAR

RESPONDENTS:

      1        THE STATE ELECTION COMMISSION
               CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
               THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS
               SECRETARY.

      2        THE DISTRICT COLLECTOR/RETURNING OFFICER,
               ALAPPUZHA DISTRICT, CIVIL STATION, ALAPPUZHA -
               688001.

      3        THE SECRETARY/RETURNING OFFICER
               ARATTUPUZHA GRAMA PANCHAYATH, ARATTUPUZHA P O.,
               ALAPPUZHA - 690538.

      4        ARATTUPUZHA GRAMA PANCHAYATH
               ARATTUPUZHA P.O, ALAPPUZHA - 690538, REPRESENTED BY
               ITS SECRETARY.

               R1 BY SHRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM


               ADV. SRI.K J MANURAJ GP

     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.25225 OF 2020(C)

                                            2



                                     JUDGMENT

Dated this the 7th day of January 2021

The petitioners approached the court seeking the following

reliefs:-

"i. To issue a writ of mandamus or other appropriate writ, order or direction to direct the 3 rd respondent to remove the 84 persons included in Exhibit P.2 list from the voters list of the Ward 3 of the Arattupuzha Grama Panchayat as requested by the petitioners as evidenced by Exhibit P.1.

ii. To issue a writ of mandamus or other appropriate writ, order or direction to direct the 3 rd respondent to comply with the directions as contained in Exhibit P.2 forthwith with notice to the petitioners. iii. To issue a writ of mandamus or other appropriate writ, order or direction to direct the 1 st and 2nd respondents to take action against the 3rd respondent for not obeying and complying the directions and instructions as contained in the notification for the Election LSGD election 2020."

2. Taking note of the reliefs as above, I am of the view that

the 1st relief can be considered. Accordingly, the 3 rd respondent is

directed to consider the petitioners' request to remove the names of 84

persons from the voters list, if the application is still pending, after WP(C).No.25225 OF 2020(C)

hearing the petitioners and all the aforesaid persons within a period of

two months.

The writ petition is disposed of as above.

Sd/-

                                          A.MUHAMED MUSTAQUE
SAS/07/01/2021                                         JUDGE
 WP(C).No.25225 OF 2020(C)




                                APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1                TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED

BY THE 3RD RESPONDENT, DATED 31.10.2020.

EXHIBIT P2 THE LIST OF 84 PERSONS SOUGHT TO BE REMOVED FROM THE VOTERS LIST OF WARD 3 OF THE ARATTUPUZHA GRAMA PANCHAYATH.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE COMPLAINT GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 09.11.2020 ALONG WITH THE ENDORSEMENT OF DIRECTION BY THE DEPUTY COLLECTOR(ELECTION), ALAPPUZHA, DATED 10.11.2020.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT, DATED 10.11.2020

RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE