Kerala High Court
Mr. Jithin. S vs The Returning Officer on 26 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:65117
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WP(C) NO. 32241 OF 2025
PETITIONER:
JITHIN S.,
AGED 25 YEARS,
S/O.SIJO S.,
SAROJINI BHAVAN,
KILIMANNOOR (PO)
THIRUVANATHAPURAM,
PIN - 695601
BY ADVS.
SRI.MATHEW A KUZHALANADAN
SHRI.KURIAKOSE VARGHESE
SRI.V.SHYAMOHAN
SHRI.NABEEL B.A.
SHRI.CHERIYIL SANIL JOHN
RESPONDENTS:
1 THE RETURNING OFFICER,
AL-AZHAR LAW COLLEGE HOD OF
DEPT OF LAW,
THODUPUZHA - EZHALLOOR RD,
THODUPUZHA,
PIN - 685605
2 AL-AZHAR LAW COLLEGE,
REPRESENTED BY ITS PRINCIPAL
THODUPUZHA - EZHALLOOR RD,
THODUPUZHA,
PIN - 685605
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W.P.(C) No.32241/2025
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3 THE VICE CHANCELLOR,
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS P.O.,
KOTTAYAM, PIN - 686560
BY ADVS.
SRI.P.SANEER
SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.32241/2025
:3:
JUDGMENT
Dated this the 26th day of August, 2025
The petitioner is a 3rd year LL.B student and duly
elected class representative of the 2nd respondent-College,
which is affiliated to Mahatma Gandhi University. He is
aggrieved by the action of the 1st respondent in cancelling the
Stage-II election. By doing so, the elected class representatives
have been unjustly denied the opportunity to participate in the
process of electing the College Union Office Bearers for the
academic year 2025-2026.
2. The petitioner submitted that the election
process in the College is conducted in two modes, namely the
Presidential Mode and the Parliamentary Mode. The
Parliamentary Mode consists of two stages and the same was
adopted by the students for the College Union Election at the 2 nd
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respondent-College in accordance with the University
regulations and the Lyngdoh Committee guidelines, as upheld
by the Hon'ble Supreme Court of India.
3. The petitioner represents the majority student
group, which secured victory in the Stage-I elections held on
21.08.2025, by electing more class representatives than the
rival panel. The Stage-II involves the election of Office Bearers,
wherein the elected class representatives from Stage-I cast their
votes. As per the election schedule, nominations for Stage-II
were to be submitted by 2:00 pm on the relevant date. It is
pertinent to note that, on the said date, members of the rival
panel, having suffered defeat in the Stage-I elections,
deliberately instigated violence and obstruction near the
Returning Officer's office, thereby disrupting the nomination
process.
4. Owing to such disturbances, two of the
petitioner's nominees were able to submit their nomination
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papers only by 2:00 pm. The rival panel, with the support of
external individuals, instigated violence and created riot-like
conditions within the premises of the 2nd respondent. They
intimidated duly elected representatives of the majority group,
made false accusations against two elected class
representatives alleging that their nominations for the Stage-II
elections were submitted after 2:00 pm and even attempted to
tamper with the ballot box. In view of the violent situation, the 1 st
respondent suspended the Stage-II election and published a
notice on the notice board to this effect.
5. No further steps have been taken either by the
College or by the University thereafter. Aggrieved by the
aforesaid action of the respondents, the petitioner has
approached this Court seeking, inter alia, (i) quashing of the
notice issued by the Returning Officer of Al-Azhar Law College
(Respondent No. 1) and (ii) a declaration that the 1 st respondent
does not have the authority to cancel Stage-II election of the
College Union at Al-Azhar Law College.
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6. I have heard the learned counsel for the
petitioner, the learned counsel representing respondents 1 and
2 and the learned Standing Counsel representing the 3 rd
respondent.
7. As the first stage of election is already over, to
complete the democratic process, I am of the view that
respondents 1 and 2 shall conclude the second stage also. This
is especially so because the first term of the College is coming
to an end soon.
In the facts of the case, the writ petition is disposed of
directing respondents 1 and 2 to conclude the second stage of
the College Union Election within three days. It will be open to
respondents 1 and 2 to seek the assistance of police, if the
situation so warrants.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:65117
APPENDIX OF WP(C) 32241/2025
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE PETITIONER'S
IDENTIFICATION CARD ISSUED BY AL-AZHAR
LAW COLLEGE, RESPONDENT NO. 2 DATED NIL
Exhibit P2 A TRUE COPY OF THE ELECTION NOTIFICATION
DATED 4-8-2025 ISSUED BY MAHATMA GANDHI
UNIVERSITY PUBLISHED BY, RESPONDENT NO.
1 ON THE NOTICE BOARD OF RESPONDENT NO.
Exhibit P3 A TRUE COPY OF THE PRELIMINARY ELECTORAL
ROLL OF STAGE I ELECTION OF CLASS
REPRESENTATIVES PUBLISHED BY, RESPONDENT
NO. 1 DATED NIL
Exhibit P4 A TRUE COPY OF THE FINAL ELECTORAL ROLL
OF CLASS WISE PUBLISHED BY, RESPONDENT
NO. 1 DATED NIL
Exhibit P5 A TRUE COPY OF THE NOTICE DATED 21-8-
2025 REGARDING THE CANCELLATION OF THE
STAGE II ELECTION OF OFFICE BEARERS OF
THE COLLEGE UNION, PUBLISHED BY
RESPONDENT NO. 1 ON THE NOTICE BOARD OF
RESPONDENT NO. 2,
Exhibit P6 A TRUE COPY OF THE REQUEST TO THE
(RESPONDENT NO. 2) PRINCIPAL OF AL-AZHAR
LAW COLLEGE TO CONDUCT THE STAGE II
ELECTION OF THE OFFICE BEARERS EMAILED
BY MS. MUMTHAZ M, DATED 22-8-2025
Exhibit P7 A TRUE COPY OF THE REQUEST TO THE
(RESPONDENT NO. 3) VICE-CHANCELLOR OF
MAHATMA GANDHI UNIVERSITY TO CONDUCT THE
STAGE II ELECTION OF THE OFFICE BEARERS
EMAILED BY MS. ARYA LEKSHMI, DATED 22-8-
2025.
