Citation : 2024 Latest Caselaw 12422 Ker
Judgement Date : 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 8436 OF 2019
PETITIONER/S:
1 VINEETHA GIREESH,
AGED 41 YEARS
W/O.GIREESAN, KUNNATH MANA, KEEZHAYUR P.O.,
PATTAMBI, COUNCILOR, DIVISION NO.15, PATTAMBI
MUNICIPALITY, PATTAMBI P.O., PALAKKAD DISTRICT -
679 303.
2 A.R.KRISHNAVENI,
AGED 53 YEARS
W/O.K.UNNIKRISHNAN, ACHATHU PALLIYALIL HOUSE,
AMAYUR P.O., PALAKKAD DISTRICT - 679 303,
COUNCILOR, DIVISION NO.2, PATTAMBI MUNICIPALITY.
3 GIRIJA,
AGED 46 YEARS
W/O.LATE MADHUSOODANAN, PATTATHODI HOUSE,
SANKARAMANGALAM, PATTAMBI, COUNCILOR, DIVISION
NO.3, PATTAMBI MUNICIPALITY - 679 303.
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
SRI.P.U.VINOD KUMAR
SRI.AVINASH P RAVEENDRAN
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 678 001.
2 THE KERALA STATE ELECTION COMMISSION,
REPRESENTED BY ITS SECRETARY, COMMISSION OFFICE,
LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM - 695
033.
3 K.C.GIRESH,
LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O.,
W. P. (C) No. 8436 of 2019
and connected cases
-2-
PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26,
PATTAMBI MUNICIPALITY - 679 303.
4 THE PATTAMBI MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
PATTAMBI - 679 303.
BY ADVS.
SRI.TPM.IBRAHIM KHAN (SR.)
SHRI.DEEPU LAL MOHAN, SC, KERALA STATE ELECTION
COMMISSION
SMT.P.J.RAZIA BEEVI
OTHER PRESENT:
SR.GP.K.P.HARISH;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8124/2019,
8108/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WA NO. 971 OF 2019
AGAINST THE ORDER IN WP(C) NO.8124 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 A.K.AKBAR
AGED 50 YEARS
S/O.MOIDEEN, APPAMKANDATHIL VEEDU,
KEEZHAYUR.P.O., PALAKKAD.
2 SHEEJA
AGED 1 YEARS
D/O.ABBULU, CHERKUZHIYATHU HOUSE, LIBERTY STREET,
PATTAMBI.P.O., PALAKKAD-679303.
3 SANGEETHA
AGED 1 YEARS
D/O.PRABHAKARAN NAIR, SREEVILAS,
MELEPATTAMBI.P.O., PALAKKAD-679306.
4 MANIKANDAN.K.C.
AGED 1 YEARS
S/O.PADMANABHAN NAIR, SREELAKAM, LIBERTY STREET,
PATTAMBI.P.O., PALAKKAD-679303.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.K.V.KRISHNAKUMAR
SRI.T.S.SARATH
SRI.NAVOD PRASANNAN PATTALI
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHPURAM-695001.
2 THE KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM-695003, REPRESENTED
BY ITS SECRETARY.
W. P. (C) No. 8436 of 2019
and connected cases
-4-
3 MR.K.C.GIRISH,
LATHA MANDIRAM, VADAKKUMURI, PATTAMBI.P.O.,
PALAKKAD-679303.
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, KSEC
SR. GP. V. TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WA NO. 972 OF 2019
AGAINST THE ORDER IN WP(C) NO.8108 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 UMMER PALATHINKAL
AGED 62 YEARS
S/O.HAMSA HAJI, PALATHINKAL VEEDU, ANTHOOR
PALLIYAYIL, KEEZHAYUR P.O., PATTAMBI, PALAKKAD
DISTRICT, COUNCILOR, DIVISION NO.20, PATTAMBI
MUNICIPALITY, PIN-679 303.
2 K.V.A. JABBAR,
AGED 58 YEARS
S/O.HAMSA HAJI, KODUVAYKAL HOUSE, KODALUR, MELE
PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.06, PATTAMBI MUNICIPALITY, PIN-679
303.
3 KUNJUMUHAMMED RASHEED (K.P.VAPPUTTI),
AGED 64 YEARS
S/O.K.P.POKKER, KOPPATH PARAMMEL HOUSE, COLLEGE
STREET, MELE PATTAMBI P.O., PALAKKAD DISTRICT,
COUNCILOR, DIVISION NO.12, PATTAMBI MUNICIPALITY,
PIN-679 303.
4 MUSHTHAQ ABDUL NAZEER,
AGED 39 YEARS
S/O.HASSAN MADAYIKOLMANNIL HOUSE, MELE PATTAMBI
P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION
NO.13, PATTAMBI MUNICIPALITY, PIN-679 303.
5 ABUDL HAKKIM RAZY,
AGED 38 YEARS
S/O.ABDUL SALAM, CHIRAKKAL VEEDU, SANKARAMANGALAM
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.04, PATTAMBI MUNICIPALITY, PIN-679
303.
6 BULKEEZ,
AGED 42 YEARS
D/O.MAJEED, KALLIVALAPPIL HOUSE, LAKSHAM VEEDU
COLONY, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT,
W. P. (C) No. 8436 of 2019
and connected cases
-6-
COUNCILOR, DIVISION NO.01, PATTAMBI MUNICIPALITY,
PIN-679 303.
7 MUNEERA,
AGED 29 YEARS
D/O.HANEEFA, PATHIYIL VEEDU, KODALUR, MARUTHUR
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.05, PATTAMBI MUNICIPALITY, PIN-679
303.
8 JAYALEKHA,
AGED 53 YEARS
D/O.KOLAVAN, KALLUPARAMBIL HOUSE, SANKARAMANGALAM
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.08, PATTAMBI MUNICIPALITY, PIN-679
303.
9 SUNITHA
AGED 34 YEARS
D/O.VELAYUDHAN, PALLIPPATTIL VEEDU,
SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD
DISTRICT, COUNCILOR, DIVISION NO.08, PATTAMBI
MUNICIPALITY, PIN-679 303.
10 AMINA,
AGED 42 YEARS
D/O.VEERAVUNNI, MUNDANNAYIL VEEDU, MELE PATTAMBI,
PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.11,
PATTAMBI MUNICIPALITY, PIN-679 303.
BY ADVS.
NAVOD PRASANNAN PATTALI
SRI.K.V.KRISHNAKUMAR
SRI.T.S.SARATH
RESPONDENT/S:
1 K.C.GIRISH, LATHA MANDIRAM
VADAKKUMURI, PATTAMBI P.O., PALAKKAD DISTRICT,
COUNCILOR, DIVISION NO.26, PATTAMBI MUNICIPALITY,
PIN-679 303.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM-695 033, REPRESENTED
BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, KSEC
SR. GP. K. P. HARISH
W. P. (C) No. 8436 of 2019
and connected cases
-7-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.05.2024, ALONG WITH WP(C).8436/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 8108 OF 2019
PETITIONER/S:
1 UMMER PALATHINKAL,
AGED 62 YEARS
S/O.HAMSA, PALATHINKAL VEEDU, ANTHOOR PALLIYAYIL,
KEEZHAYUR P.O., PATTAMBI, PALAKKAD DISTRICT,
COUNCILOR, DIVISION NO.20, PATTAMBI MUNICIPALITY.
2 K.V.A.JABBAR,
AGED 58 YEARS
S/O.HAMSA HAJI, KODUVAYKAL HOUSE, KODALUR, MELE
PATTAMBI P.O., PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.06, PATTAMBI MUNICIPALITY.
3 KUNJUMUHAMMED RASHEED (K.P.VAPPUTTI),
AGED 64 YEARS
S/O.K.P.POKKER, KOPPATH PARAMMEL HOUSE,COLLEGE
STREET, MELE PATTAMBI P.O., PALAKKAD DISTRICT,
COUNCILOR, DIVISION NO.12, PATTAMBI MUNICIPALITY.
4 MUSHTHAQ ABDUL NAZEER,
AGED 39 YEARS
S/O.HUSSAN, MADAYIKOLMANNIL HOUSE,MELE PATTAMBI
P.O., PALAKKAD DISTRICT, COUNCILOR, DIVISION
NO.13, PATTAMBI MUNICIPALITY.
5 ABDUL HAKKIM RAZY,
AGED 38 YEARS
S/O.ABDUL SALAM, CHIRAKKAL VEEDU, SANKARAMANGALAM
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.04, PATTAMBI MUNICIPALITY.
6 BULKEEZ,
AGED 42 YEARS
D/O.MAJEED, KALLIVALAPPIL HOUSE, LAKSHAM VEEDU
COLONY, AMAYUR P.O., PATTAMBI, PALAKKAD DISTRICT,
COUNCILOR, DIVISION NO.01, PATTAMBI MUNICIPALITY.
7 MUNEERA,
AGED 29 YEARS
D/O.HANEEFA, PATHIYIL VEEDU, KODALUR, MARUTHUR
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.05, PATTAMBI MUNICIPALITY.
W. P. (C) No. 8436 of 2019
and connected cases
-9-
8 JAYALEKHA,
AGED 53 YEARS
D/O.KOLAVAN, KALLUPARAMBIL HOUSE, SANKARAMANGALAM
P.O., PATTAMBI, PALAKKAD DISTRICT, COUNCILOR,
DIVISION NO.08, PATTAMBI MUNICIPALITY.
9 SUNITHA,
AGED 34 YEARS
D/O.VELAYUDHAN, PALLIPPATTIL VEEDU,
SANKARAMANGALAM P.O., PATTAMBI, PALAKKAD
DISTRICT, COUNCILOR, DIVISION NO.27, PATTAMBI
MUNICIPALITY.
10 AMINA,
AGED 42 YEARS
D/O.VEERAVUNNI, MUNDANNAYIL VEEDU, MELE PATTAMBI,
PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.11,
PATTAMBI MUNICIPALITY.
BY ADVS.
BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
SRI.P.U.VINOD KUMAR
SRI.AVINASH P RAVEENDRAN
SMT.ARYA RAGHUNATH
SRI.A.HAROON RASHEED
RESPONDENT/S:
1 K.C.GIRISH,
LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O.,
PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26,
PATTAMBI MUNICIPALITY.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED
BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-10-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 8124 OF 2019
PETITIONER/S:
1 A.K.AKBAR,
AGED 50 YEARS
S/O.MOIDEEN, APPAMKANDATHIL VEEDU, KEEZHAYUR
P.O., PALAKKAD.
2 SHEEJA,
AGED 1 YEARS
D/O.ABBULU, CHERKUZHIYATHU HOUSE, LIBERTY STREET,
PATTAMBI P.O., PALAKKAD-679303.
3 SANGEETHA,
AGED 1 YEARS
D/O.PRABHAKARAN NAIR, SREEVILAS, MELE PATTAMBI
P.O., PALAKKAD-679306.
4 MANIKANDAN K.C.,
AGED 1 YEARS
S/O.PADMANABHAN NAIR, SREELAKAM, LIBERTY STREET,
PATTAMBI P.O., PALAKKAD -679303.
BY ADVS.
S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDL. CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 THE KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED
BY ITS SECRETARY.
W. P. (C) No. 8436 of 2019
and connected cases
-11-
3 MR.K.C.GIRISH,
LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O.,
PALAKKAD-679303.
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-12-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10771 OF 2019
PETITIONER/S:
M.V.LEELA,
AGED 45 YEARS
W/O. SURYAN, KUZHIPARAMBIL HOUSE, KODALUR,
MELEPATTAMBI P.O, PALAKKAD DISTRICT 679 306
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 IRSHAD.C.M,
CHAMAPARAMBIL HOUSE, MELEPATTAMBI P.O, PALAKKAD
DISTRICT 679 306
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033,
REPRESENTED BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001
BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC
SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10781 OF 2019
PETITIONER/S:
N.MOHANASUNDARAN
AGED 68 YEARS
NAMBRATHU HOUSE, K.E.THANGAL ROAD, PATTAMBI P.O.,
PALAKKAD DISTRICT-679303.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 JITHESH MOZHIKUNNAM
MOZHIKUNNATH MANA, MELEPATTAMBI P.O., PALAKKAD
DISTRICT-679 306.
2 KERALA STATE ELECTION COMMISSION
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033,
REPRESENTED BY ITS SECRETARY.
3 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-14-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10795 OF 2019
PETITIONER/S:
GEETHA.P
AGED 46 YEARS
KANDAPPATHODI, KEEZHAYUR, PATTAMBI P.O., PALAKKAD
DISTRICT- 679303.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 M.AZEEZ,
MUNDATH HOUSE, KEEZHAYUR, PATTAMBI P.O., PALAKKAD
DISTRICT- 679303.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, KERALA- 695033,
REPRESENTED BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM- 695001.
BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC
SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10808 OF 2019
PETITIONER/S:
RAHNABI,
AGED 43 YEARS
W/O.HAMEED, KALATHILTHODY HOUSE, SANKARAMANGALAM
P.O., PALAKKAD DISTRICT - 679 306.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 PRAKASAN,
KALLUPARAMBIL HOUSE, SANKARAMANGALAM P.O.,
PALAKKAD DISTRICT - 679 306.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, KERALA - 695 033,
REPRESENTED BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV SHRI.DEEPU LAL MOHAN, SC, KSEC
SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-16-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10809 OF 2019
PETITIONER/S:
SUBRAHMANIAN.P,
AGED 51 YEARS
PALLIPPATTIL HOUSE, SANKARAMANGALAM P.O,
PATTAMBI, PALAKKAD 679 303.
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 P.GOPALAN,
PALLIPPATTIL HOUSE, SANKARAMANGALAM P.O,
PATTAMBI, PALAKKAD 679 303.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVANANTHAPURAM, KERALA 695 033,
REPRESENTED BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY ADV SHRI. DEEPU LAL MOHAN, SC, KSEC
SR. GP. V. TEKCHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 10834 OF 2019
PETITIONER/S:
K.C.GIREESH
AGED 49 YEARS
LATHA MANDIRAM, LATHA MANDIRAM, VADAKKUMURI,
PATTAMBI P.O, PALAKKAD DISTRICT - 679 303.
BY ADVS.
P.C. SASIDHARAN
SRI. K.S.ANIL
RESPONDENT/S:
1 M.K.SUNDARAN
MOORKKATTU HOUSE, VADAKKUMURI, PATTAMBI P.O,
PALAKKAD DISTRICT - 679 303
2 KERALA STATE ELECTION COMMISSION
CORPORATION OFFICECOMPLEX, LMS JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, KERALA - 695 033, REPRESENTED
BY ITS SECRETARY
3 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
BY ADV SHRI. DEEPU LAL MOHAN, SC, KSEC
SR. GP. K. P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-18-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 11755 OF 2019
PETITIONER/S:
K.BASHEER
AGED 43 YEARS, S/O.LATE ALI, KIZHAKKETHIL HOUSE,
KIZHAYOOR P.O., PATTAMBI, PALAKKAD DISTRICT.
BY ADVS.
BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
SRI.P.U.VINOD KUMAR
SRI.AVINASH P RAVEENDRAN
SMT.ARYA RAGHUNATH
SRI.A.HAROON RASHEED
RESPONDENT/S:
1 K.C.GIRISH
LATHA MANDIRAM, VADAKKUMURI, PATTAMBI P.O.,
PALAKKAD DISTRICT, COUNCILOR, DIVISION NO.26,
PATTAMBI MUNICIPALITY - 679 303.
2 KERALA STATE ELECTION COMMISSION,
CORPORATION OFFICE COMPLEX, LMS JUNCTION,
PALAYAM, THIRUVNANTHAPURAM - 695 033, REPRESENTED
BY ITS SECRETARY.
3 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV SHRI.DEEPU LAL MOHAN, SC, KERALA STATE
ELECTION COMMISSION
SR. GP. V. TEKCHAND
W. P. (C) No. 8436 of 2019
and connected cases
-19-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, ALONG WITH WP(C).8436/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. P. (C) No. 8436 of 2019
and connected cases
-20-
JUDGMENT
Dated this the 21st day of May, 2024 [W. P. (C) No. 8436 of 2019, W. A. Nos. 971 & 972 of 2019, W. P. (C) Nos. 8108, 8124, 10771, 10781, 10795, 10808, 10809, 10834 & 11755 of 2019]
V. G. Arun, J.
When the matters are taken up for consideration, learned
Standing Counsel for the State Election Commission submitted that
the disqualification of the writ petitioners, which is the subject
matter of challenge herein, does not subsist at this point of time,
since the term of the Municipal Council to which the petitioners
were elected is over. As such, the disqualification will not have any
impact in the future elections.
Recording the above submission, these matters are closed.
Pending Interlocutory Applications, if any, shall stand closed.
Sd/-
A. J. DESAI CHIEF JUSTICE
Sd/-
V. G. ARUN JUDGE Eb
and connected cases
APPENDIX OF WP(C) 8436/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORIGINAL PETITION NO.40/2018, PREFERRED BY THE 3RD RESPONDENT BEFORE THE KERALA STATE ELECTION COMMISSION.
EXHIBIT P2 TRUE COPY OF ORIGINAL PETITION NO.43/2018 PREFERRED BY THE 3RD RESPONDENT BEFORE THE KERALA STATE ELECTION COMMISSION.
EXHIBIT P3 TRUE COPY OF ORIGINAL PETITION NO.44/2018 PREFERRED BY THE 3RD RESPONDENT BEFORE THE KERALA STATE ELECTION COMMISSION.
EXHIBIT P4 TRUE COPY OF THE OBJECTION PREFERRED BY THE 1ST PETITIONER IN O.P.NO.40/2018. EXHIBIT P5 TRUE COPY OF THE OBJECTION PREFERRED BY THE 2ND PETITIONER IN O.P.NO.43/2018. EXHIBIT P6 TRUE COPY OF THE OBJECTION PREFERRED BY THE 3RD PETITIONER IN O.P.NO.44/2018. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE NOTIFICATION DATED 30/04/2015. EXHIBIT P8 TRUE COPY OF THE COMMON ORDER DATED 12/03/2019 IN O.P.31/2018 AND CONNECTED CASES.
and connected cases
APPENDIX OF WP(C) 8108/2019
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION IN O.P.NO.31/2018 FILED BY THE 1ST PETITIONER HEREIN.
EXHIBIT P1(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.31/2018 FILED BY THE 1ST PETITIONER HEREIN.
EXHIBIT P2 A TRUE COPY OF THE PETITION IN O.P.NO.33/2018 FILED BY THE 2ND PETITIONER HEREIN.
EXHIBIT P2(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.33/2018 FILED BY THE 2ND PETITIONER HEREIN.
EXHIBIT P3 A TRUE COPY OF THE PETITION IN O.P.NO.34/2018 FILED BY THE 3RD PETITIONER HEREIN.
EXHIBIT P3(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.34/2018 FILED BY THE 3RD PETITIONER HEREIN.
EXHIBIT P4 A TRUE COPY OF THE PETITION IN O.P.NO.35/2018 FILED BY THE 4TH PETITIONER HEREIN.
EXHIBIT P4(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.35/2018 FILED BY THE 4TH PETITIONER HEREIN.
EXHIBIT P5 A TRUE COPY OF THE PETITION IN O.P.NO.37/2018 FILED BY THE 5TH PETITIONER HEREIN.
EXHIBIT P5(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.37/2018 FILED BY THE 5TH PETITIONER HEREIN.
EXHIBIT P6 A TRUE COPY OF THE PETITION IN O.P.NO.39/2018 FILED BY THE 6TH PETITIONER HEREIN.
EXHIBIT P6(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.39/2018 FILED BY THE 6TH PETITIONER HEREIN.
EXHIBIT P7 A TRUE COPY OF THE PETITION IN O.P.NO.41/2018 FILED BY THE PETITIONER HEREIN.
EXHIBIT P7(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.41/2018 FILED BY THE 7TH PETITIONER HEREIN.
EXHIBIT P8 A TRUE COPY OF THE PETITION IN O.P.NO.42/2018 FILED BY THE 8TH
and connected cases
PETITIONER HEREIN.
EXHIBIT P8(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.42/2018 FILED BY THE 8TH PETITIONER HEREIN.
EXHIBIT P9 A TRUE COPY OF THE PETITION IN O.P.NO.45/2018 FILED BY THE 9TH PETITIONER HEREIN.
EXHIBIT P9(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.45/2018 FILED BY THE PETITIONER HEREIN.
EXHIBIT P10 A TRUE COPY OF THE PETITION IN O.P.NO.46/2018 FILED BY THE 10TH PETITIONER HEREIN.
EXHIBIT P10(A) A TRUE COPY OF THE OBJECTION IN O.P.NO.46/2018 FILED BY THE PETITIONER HEREIN.
EXHIBIT P11 A TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.04.2015 INTER ALIA CONSTITUTING PATTAMBI MUNICIPALITY.
EXHIBIT P12 A TRUE COPY OF THE DEPOSITION OF PW2 IN O.P.NO.31/2018 AND CONNECTED CASES. EXHIBIT P13 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 2ND PETITIONER.
EXHIBIT P14 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 3RD PETITIONER.
EXHIBIT P15 A TRUE COPY OF I.A.59/2019 ALONG WITH THE AFFIDAVIT SUPPORTING THE SAME FOR EXAMINING H.SEENA AS A WITNESS. EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 19.02.2019 IN I.A.59/19 IN O.P.34/2018. EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 12.03.2019 IN O.P.NOS.31/2018, 33/2018, 34/2018, 35/2018,37/2018,39/2018, 41/2018, 42/2018, 45/2018 AND 46/2018 OF THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM.
EXHIBIT P18 A TRUE COPY OF THE MINUTES DATED 31.10.2015 OF THE MEETING CONVENED BY DIRECTOR OF URBAN AFFAIRS. EXHIBIT P19 A TRUE COPY OF THE LETTER DATED 06.09.2016 SENT BY RJD, URBAN AFFAIRS, KOCHI TO THE DIRECTOR, URBAN AFFAIRS.
and connected cases
APPENDIX OF WP(C) 8124/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF O.P.NO.32 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF O.P.NO.36 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF O.P.NO.47 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF O.P.NO.48 OF 2018 FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF OBJECTION FILED BY THE 4TH PETITIONER.
EXHIBIT P6 TRUE COPY OF DEPOSITION OF PW1. EXHIBIT P7 TRUE COPY OF DEPOSITION OF PW2. EXHIBIT P8 TRUE COPY OF DEPOSITION OF THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF DEPOSITION OF THE 4TH PETITIONER.
EXHIBIT P10 TRUE COPY OF DEPOSITION OF THE 1ST PETITIONER.
EXHIBIT P11 TRUE COPY OF DEPOSITION OF THE 2ND PETITIONER.
EXHIBIT P12 TRUE COPY OF DEPOSITION OF THE 3RD PETITIONER.
EXHIBIT P13 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 1ST PETITIONER MARKED AS B8 BEFORE THE COMMISSION.
EXHIBIT P14 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 3RD PETITIONER MARKED AS B5 BEFORE THE COMMISSION.
EXHIBIT P15 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 4TH PETITIONER MARKED AS B3 BEFORE THE COMMISSION.
EXHIBIT P16 TRUE COPY OF STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE 2ND PETITIONER BEFORE THE COMMISSION. EXHIBIT P17 TRUE COPY OF IMPUGNED COMMON ORDER OF THE 2ND RESPONDENT DATED 12.03.2019.
and connected cases
EXHIBIT P18 TRUE COPY OF NOTICE OF THE 1ST RESPONDENT DATED 14.03.2019. EXHIBIT P19 TRUE COPY OF MINUTES OF THE MEETING CONVENED BY THE DIRECTOR OF URBAN AFFAIRS ON 31.10.2015.
EXHIBIT P20 TRUE COPY OF LETTER DATED 09.06.2016 ADDRESSED TO THE DIRECTOR, URBAN AFFAIRS, GOVERNMENT OF KERALA.
and connected cases
APPENDIX OF WP(C) 10771/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/04/2015 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015 EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 09/06/2016 EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P NO.
86/18 DATED 7/8/2018 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019 IN O.P NO. 86/2018 PASSED BY THE 2ND RESPONDENT.
and connected cases
APPENDIX OF WP(C) 10781/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFCATION DATED 30.4.2015.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31.10.2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 9.6.2016.
EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.87/18 DATED 7.8.2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.3.2019 IN O.P.NO.87/2018 PASSED BY THE 2ND RESPONDENT.
and connected cases
APPENDIX OF WP(C) 10795/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.04.2015.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31.10.2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 09.06.2016.
EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.88/18 DATED 07.08.2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12.03.2019 IN O.P.NO.88/2018 PASSED BY THE 2ND RESPONDENT.
and connected cases
APPENDIX OF WP(C) 10808/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/4/2015.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 09/06/2016.
EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.85/18 DATED 7/8/2018. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019 IN O.P.NO.85/2018 PASSED BY THE 2ND RESPONDENT.
and connected cases
APPENDIX OF WP(C) 10809/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/4/2015.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015. EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR. EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P NO.
84/18 DATED 7/8/2018.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/3/2019 IN O.P NO. 84/2018 PASSED BY THE 2ND RESPONDENT.
and connected cases
APPENDIX OF WP(C) 10834/2019
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30/04/2015 EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 31/10/2015 EXHIBIT P3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE REGIONAL JOINT DIRECTOR DATED 09/06/2016 EXHIBIT P4 TRUE COPY OF THE PETITION IN O.P.NO.89/18 DATED 07/08/2018 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12/03/2019 IN O.P.NO.89/2018 PASSED BY THE 2ND RESPONDENT
and connected cases
APPENDIX OF WP(C) 11755/2019
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE O.P.NO.38/2018 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN O.P.NO.38/2018. EXHIBIT P3 A TRUE COPY OF THE RELEVANT PORTION OF THE GAZETTE PUBLISHING THE NOTIFICATION DATED 30.4.2015 INTER ALIA CONSTITUTIONG PATTAMBI MUNICIPALITY.
EXHIBIT P4 A TRUE COPY OF THE DEPOSITION OF W2 IN O.P.NO.31/2018 AND CONNECTED CASES, INCLUDING IN O.P.NO.38/2018. EXHIBIT P5 A TRUE COPY OF THE STATEMENT OF ASSETS AND LIABILITIES SUBMITTED BY THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE EVIDENCE OF THE PETITIONER TENDERED BEFORE THE HON'BLE ELECTION COMMISSION AS RW 18. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 8.2.2019 IN I.A.29/19 IN O.P.38/2018. EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 12.3.2019 IN O.P.NOS.38/2018 AND CONNECTED CASES OF THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM.
EXHIBIT P9 A TRUE COPY OF THE WRIT PETITION IN WPC NO.29858/2018, EXCLUDING ITS EXHIBITS. EXHIBIT P10 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.29858/2018, WHICH IS MARKED AS EXHIBIT A3 BY THE ELECTION COMMISSION.
EXHIBIT P11 A TRUE COPY OF THE MINUTES DATED 31.10.2015 OF THE MEETING CONVENED BY DIRECTOR OF URBAN AFFAIRS. EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 6.9.2016 SENT BY RJD, URBAN AFFAIRS, KOCHI TO THE DIRECTOR, URBAN AFFAIRS.
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!