K.S Hameed vs State Of Kerala
2023 Latest Caselaw 2021 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                   &
              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 15250 OF 2016
PETITIONER/S:

            K.S HAMEED,
            S/O K.P.SAIDU, AGED 56 YEARS, KANIPPAYI HOUSE,
            KANIPPAYI ROAD,RAJAGIRI P.O., KALAMASSERY.

            BY ADVS.
            SRI.V.P.REGHURAJ
            SRI.V.SHYAM



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,GOVERNMENT
            SECRETARIAT,THIRUVANANTHAPURAM-695001.

    2       THE CHIEF ELECTION COMMISSIONER OF INDIA
            NIVACHAN SADAN, ASOKA ROAD,NEW DELHI-110 001.

            R2 BY ADV SRI.DEEPU LAL MOHAN

            R1 BY SRI.SREEJITH S.V., GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15250 OF 2016


                                           -2-




               K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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                          W.P.(C).No.15250 of 2016
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                 Dated this the 3rd day of February, 2023

                                    JUDGMENT

K.Vinod Chandran, J

The issue raised herein was regarding the constitution of a Non

Resident Indians (Keralites) Commission, while the Model Code of

Conduct was in force in the year 2016. The petitioner argued before this

Court that the permission of the Election Commission is required.

However, by an interim order, a Division Bench of this Court, prima facie,

found that no permission is required for the constitution of the

Commission. The learned Standing Counsel for the Election Commission

submits that on the basis of the said order, a Commission was also

constituted and the Model Code of Conduct of 2016 ceased to operate

after the elections were completed. Today, when the matter was taken WP(C) NO. 15250 OF 2016

up, none appears for the petitioner.

The writ petition hence would stand closed as infructuous.

Sd/-

K.VINOD CHANDRAN, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE

uu 03.02.2023 WP(C) NO. 15250 OF 2016

APPENDIX OF WP(C) 15250/2016

PETITIONER EXHIBITS

EXHIBIT P1: A TRUE COPY OF THE NON-RESIDENT INDIA (KERALITES) COMMISSION BILL, 2016.

EXHIBIT P2: A TRUE COPY OF THE STATE CABINET RESOLUTION DATED 3.3.2016.

EXHIBIT P3: A TRUE COPY OF THE NEW PAPER CLIPPINGS IN 'INDIAN EXPRESS' DAILY DATED 4.3.2016.

EXHIBIT P4: A TRUE COPY OF THE MCC ALONG WITH THE PRES NOTE ISSUED BY THE ELECTION COMMISSION.