Asok Kumar M vs State Of Kerala
2021 Latest Caselaw 23595 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                   WP(C) NO. 20395 OF 2021
PETITIONER:

          ASOK KUMAR M, AGED 62 YEARS
          S/O. MADHAVAN PILLAI.K., BOOTH LEVEL OFFICER (ON
          ORDERS OF TERMINATION), BOOTH 180, KARUNAGAPPALLY
          LEGISLATIVE ASSEMBLY CONSTITUENCY, RESIDING AT
          SAROJ NIVAS, KALLELIBHAGOM P.O., MUZHANGADI,
          KARUNAGAPPALLY, KOLLAM-690 519

          BY ADVS.
          S.PRASANTH (AYYAPPANKAVU)
          VARSHA BHASKAR
          ANUPAMA SIBI

RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY AND CHIEF ELECTROAL
          OFFICER, ELECTION DEPARTMENT, KERALA LEGISLATIVE
          COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695
          033

    2     THE STATE ELECTION COMMISSION,
          KERALA REPRESENTED BY ITS SECRETARY, 'JANAHITHAM',
          TC -27/6 (2) VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM-695 033

    3     THE DISTRICT COLLECTOR,
          CIVIL STATION, KOLLAM-691 013

    4     THE ELECTORAL REGISTRATION OFFICER & TAHSILDAR,
          TALUK OFFICE, KARUNAGAPPALLY, KARUNAGAPPALLY P.O.,
          KOLLAM-690 518

 ADDL.R5 THE ELECTION COMMISSION OF INDIA
         REPRESENTED BY ITS SECRETARY, ELECTION COMMISSION
         OF INDIA, NEW DELHI
 W.P.(C).No.20395/2021

                             2



 ADDL.R6 THE CHIEF ELECTORAL OFFICER
         KERALA


           (ADDL.R5 & R6 ARE SUO MOTU IMPLEADED AS PER
           ORDER DATED 27.09.2021 IN WP(C) 20395/2021)
           BY ADVS.DEEPU LAL MOHAN
           SHRI.DEEPU LAL MOHAN, SC, ELECTION COMMISSION OF
           INDIA
           SC, ELECTION COMMISSION OF INDIA
           SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
           COMMISSION, KERALA

OTHER PRESENT:

           SMT.DEEPA NARAYANAN, SR.GP, SMT. RASHMI.K.M,
           SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20395/2021

                                       3




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.20395 of 2021
               ----------------------------------------------
            Dated this the 30th day of November, 2021


                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or any other appropriate writ or order setting aside Ext.P3 order.

ii. To issue a writ of certiorari or any other appropriate writ or order setting aside Ext.P4 letter to the extent it directs the District Election Officers to remove persons who are doing association work.

iii. To issue a writ of mandamus or any other appropriate writ or order directing the 4th respondent to consider and pass orders on Ext.P5 representation.

iv. To issue an order declaring that a BLO cannot be removed for being member of an association. v. To issue such other appropriate writ, order or direction as this Hon'ble Court may deem just and proper to issue in the circumstances of the case. W.P.(C).No.20395/2021

2. The grievance of the petitioner is that the petitioner

is removed from the post of Booth Level Officer as per Ext.P3

even without giving an opportunity of hearing to the

petitioner. The counsel for the petitioner raised several

contentions in the writ petition. On the other hand, a

statement is filed by respondents 4 to 6 in which the reason

for passing Ext.P3 order is narrated.

3. I don't want to make any observation about the

merit of the case. Admittedly Ext.P3 order is passed without

giving an opportunity of hearing to the petitioner. In such

circumstances, the petitioner can approach the 6 th respondent

with a representation narrating his grievance against Ext.P3

and the 6th respondent can be directed to consider the same

within a time frame.

Therefore, this writ petition is disposed in the following

manner:

1. The petitioner is free to submit a

representation before the 6th respondent

narrating his grievance against Ext.P3 order,

within two weeks from the date of receipt of a

copy of this judgment.

W.P.(C).No.20395/2021

2. Once such a representation is received, the 6 th

respondent will consider the same and pass

appropriate orders in it, within three weeks

from the date of receipt of the representation.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20395/2021

APPENDIX OF WP(C) 20395/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER NO.23/BLO/2006-PS-II DATED 09.08.2006 SENT BY THE ELECTION COMMISSION OF INDIA TO CHIEF ELECTRORAL OFFICER, OF ALL STATES AND UNION TERRITORIES Exhibit P2 TRUE COPY OF THE WEBPAGE FOR REGISTRATION AS BLO IN THE WEBSITE OF THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF PROCEEDINGS NO.E1-

9934/2021 DATED 23.09.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF LETTER NO.EL 4/6/2021 DATED 06-08-2021 SENT BY THE 1ST RESPONDENT TO THE DISTRICT ELECTORAL OFFICERS (DISTRICT COLLECTORS) Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 24.09.2021 SENT BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE BYELAW OF BOOTH LEVEL OFFICERS ASSOCIATION CERTIFIED BY THE REGISTRAR OF SOCIETIES THIRUVANANTHAPURAM Exhibit P7 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.TVM/TC/412/2021 OF BOTH LEVEL OFFICERS ASSOCIATION ISSUED BY THE REGISTRAR OF SOCIETIES, THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF THE RECEIPT DATED 11.06.2021 FOR THE CONTRIBUTION MADE TO CHIEF MINISTERS DISTRESS RELIEF FUND KERALA Exhibit P9 TRUE COPY OF THE REPORT DATED 31.08.2021 IN THE PUBLICATION NATTUVARTHA W.P.(C).No.20395/2021

RESPONDENTS' EXHIBITS ANNEXURE R4(A) COPY OF THE WEBPAGE IN THE OFFICIAL WEBSITE OF THE CHIEF ELECTORAL OFFICER, KERALA FOR SUBMISSION OF ONLINE REGISTRATION AS BOOTH LEVEL OFFICER ANNEXURE R4(B) COPY OF THE PROCEEDING NO.23/2021-ERS (VOL-II) DATED 03.08.2021 ISSUED BY THE ELECTION COMMISSION OF INDIA