Dr. Subin V.R. vs The Election Commission Of India
2021 Latest Caselaw 10852 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

    WEDNESDAY, THE 31ST DAY OF MARCH 2021/10TH CHAITHRA, 1943

                       WP(C).No.8360 OF 2021(T)


PETITIONERS:

      1        DR. SUBIN V.R., AGED 41, S/O. V.S. RAMAN,
               RESIDING AT HARITHAM, INDIANNOOR P.O.,
               KOTTAKKAL, MALAPPURAM - 676 503.

      2        DR. VINOD D.S., AGED 47,
               S/O.K.T. DAMODARAN, RESIDING AT 'SRUTHI',
               AMBALAVATTAM, EDARIKODE P.O.,
               MALAPPURAM - 676501.

      3        DR. GOPIKRISHNA S., AGED 41, S/O. LATE SRIRAM,
               RESIDING AT ERIYADAN QUARTERS, NEAR VARIETY ROAD,
               INDUSTRIES EDARIKODE P.O., MALAPPURAM - 676 501.

      4        DR. MUKESH E., AGED 41 YEARS,
               S/O. DR (LATE) P.V. MUKUNDAN,
               RESIDING AT POOVALAMKAI,
               NEELESWARAM KASARAGOD - 671 314.

      5        DR. ANITHA K VISWAMBHARAN, AGED 48,
               W/O. VISWAMBHARAN, RESIDING AT
               'STANDARD APARTMENT', AREEKKAL EDARIKODE P.O,
               MALAPPURAM - 676 501.

      6        DR. VINODKUMAR M.V., AGED 48 YEARS,
               S/O. K.BALAKRISHNAN NAMBIAR, RESIDING AT HARITHAM,
               INDIANOOR P.O., KOTTAKKAL, MALAPPURAM - 676 503.

      7        DR. VIVEK P., AGED 40 YEARS,
               S/O.K.VIJAYAN, RESIDING AT PANIKKERKUNDU,
               INDIANOOR P.O, MALAPPURAM - 676 503.

      8        DR. DINESH K.S., AGED 46 YEARS,
               S/O. SUBRAHMANNIAN K.K., RESIDING AT
               THUSHARAGIRI ALAMGODE, MALAPPURAM - 679 585.

      9        DR. SATHEESH K., AGED 42 YEARS,
               S/O. RAJAGOPALAN P., RESIDING AT
               NEELANJANAM MYTHRI HILLROAD, CHANGUVETTY,
               KOTTAKKAL, MALAPPURAM - 676 503.
 WP(C)No.8360/2021

                             2



      10     DR. VIDHYA UNNIKRISHNAN, AGED 37 YEARS,
             D/O. UNNIKRISHNAN, RESIDING AT 7/143,
             'ANANDAM', PANDAMANGALAM, KOTTAKKAL,
             MALAPPURAM - 676 503.

      11     DR.NEETA SURENDRAN, AGED 44 YEARS,
             D/O. LATE SURENDRAN, RESIDING AT
             MAKKALIKKAL, CHERUVATHANI, MANAPADI,
             ANJUR P.O., THRISSUR - 680 523.

      12     DR. JIGEESH P.P., AGED 49 YEARS,
             S/O. PURUSHOTHAMAN NAMBUDIRI, RESIDING AT
             PAIKKATTUMANA, AMBALAVATTOM,
             EDARIKODE P.O., MALAPPURAM - 676 501.

             BY ADV. SRI.MANU GOVIND

RESPONDENTS:

      1      THE ELECTION COMMISSION OF INDIA,
             REPRESENTED BY SECRETARY GENERAL,
             NIRVACHAN SADAN, ASHOKA ROAD,
             NEW DELHI - 110 001.

      2      THE STATE ELECTION COMMISSION,
             THIRUVANANTHAPURAM, CORPORATION BUILDING,
             PALAYAM, THIRUVANANTHAPURAM - 695 001,
             REPRESENTED BY ITS SECRETARY,.

      3      THE DISTRICT COLLECTOR,
             MALAPPURAM CIVIL STATION,
             MALAPPURAM - 676 505.

             R1 BY ADV. SHRI.DEEPU LAL MOHAN, SC
             R2 BY ADV. SRI.KODOTH SREEDHARAN
             R3 BY STATE ATTORNEY SRI.K.V.SOHAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 31.03.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C)No.8360/2021

                                  3




                          JUDGMENT

Dated this the 31st day of March, 2021

The petitioners who are Doctors working at Kerala

Ayurvedic Studies and Research Society, Kottakkal are

before this Court seeking to quash Ext.P1. In fact, the

petitioners are aggrieved by the assignment of election duty

to the petitioners by the 4th respondent.

2. The petitioners would contend that they being

Doctors working in Medical College, are in exempted

category under Clause 3.3.2 of the Hand Book of Returning

Officers. As they are discharging essential functions, they

cannot be assigned with election duties.

3. The petitioners have submitted Ext.P4

representation before the 3rd respondent. Prima facie, it

appears that the petitioners are exempted category under

Clause 3.3.2 as the petitioners are stated to be working in a

Medical College.

WP(C)No.8360/2021

In the circumstances, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P4 and to

consider whether the petitioners being Doctors working in a

Medical College, are exempted category and pass

appropriate orders thereon within a period of two days.

Sd/-

N. NAGARESH JUDGE ncd/31.03.2021 WP(C)No.8360/2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO FIRST PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(a) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 2ND PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(b) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 3RD PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(c) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 4TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(d) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 5TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(e) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 6TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(f) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 7TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(g) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 8TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(h) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 9TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(i) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 10TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(j) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 11TH WP(C)No.8360/2021

PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P1(k) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.03.2021 ISSUED TO 12TH PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P2 COPY OF THE RELEVANT PAGES OF THE HANDBOOK FOR RETURNING OFFICERS AVAILABLE AT THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT AT HTTPS//ECI.GOV.IN/FILES/CATEGORY/3- HANDBOOKS/(PUBLISHED IN FEBRUARY 2019 AS DOCUMENT NO.23 1ST EDITION)

EXHIBIT P3 TRUE COPY OF EMAIL DATED 26.03.2021 FROM THE FIRST PETITIONER TO THE RETURNING OFFICER.

EXHIBIT P4 TRUE COPY OF EMAIL DATED 26.03.2021 FROM THE FIRST PETITIONER TO THE 3RD RESPONDENT.