Beena Rani K.P vs The State Election Commission on 6 December, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 46067 OF 2025               1

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 SATURDAY, THE 6TH DAY OF DECEMBER 2025 / 15TH AGRAHAYANA,

                               1947

                      WP(C) NO. 46067 OF 2025

PETITIONER/S:

     1     BEENA RANI K.P
           AGED 60 YEARS
           W/O ABDUL KHADER, NISHALAYAM,
           THATTARKONAM,THATTARKONAM P.O., KOLLAM DISTRICT,
           PIN - 691005

     2     ABDUL KHADAR
           AGED 61 YEARS
           NISHALAYAM, THATTAIKONAM P.O, KOLLAM DISTRICT,
           PIN - 691005

     3     RETHNAMANI
           AGED 70 YEARS
           W/O THILAKARAJAN, KOZHYATHU VEEDU, THATTARKONAM
           P.O, KOLLAM DISTRICT, PIN - 691005

     4     ANIL A
           AGED 55 YEARS
           S/O ANANDAN, KOZHIYATHU VEEDU, THATTARKONAM P.O,
           KOLLAM DISTRICT, PIN - 691005

     5     ANIL RAJ
           AGED 48 YEARS
           S/O THILAKARAJAN, KOZHIYATHU VEEDU, THAKKAIKONAM
           P.O, KOLLAM DISTRICT, PIN - 691005

     6     ANITHA RAJAN
           AGED 46 YEARS
           S/O ANIL, KOZHIYATHU VEEDU, THAKKAIKONAM P.O,
           KOLLAM DISTRICT, PIN - 691005
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     7     DEEPA
           AGED 40 YEARS
           W/O ANIL RAJ, ANIL NIVAS (KOZHIYATHU VEEDU)
           THATTARKONAM P.O, KOLLAM DISTRICT, PIN - 691005

     8     AKHIL RAJ A A
           AGED 27 YEARS
           S/O ANITHA, ANIL NIVAS THATTARKONAM P.O, KOLLAM
           DISTRICT, PIN - 691005

     9     ASHIQ BABU
           AGED 32 YEARS
           S/O ABDUL KHADAR, NISHALAYAM, THATTARKONAM P.O,
           KOLLAM DISTRICT, PIN - 691005


           BY ADVS.
           SRI.R.SURAJ KUMAR
           SRI.M.KISHORKUMAR
           SMT.N.G.SINDHU




RESPONDENT/S:

     1     THE STATE ELECTION COMMISSION
           REPRESENTED BY THE STATE ELECTION COMMISSION,
           OFFICE OF THE STATE ELECTION COMMISSION,
           CORPORATION OFFICE COMPLEX, LMS JUNCTION,
           PALAYAM, THIRUVANANTHAPURAM, PIN - 695633

     2     THE PRINCIPAL DIRECTOR
           LOCAL SELF GOVERNMENT DEPARTMENT, THE PRINCIPAL
           DIRECTORATE OF LOCAL SELF GOVERNMENT DEPARTMENT,
           SWARAJ BHAVAN, GROUND FLOOR NANTHENCODU, KAWDIAR
           P.O., THIRUVANANTHAPURAM, PIN - 695003

     3     THE DISTRICT ELECTION OFFICER
           DISTRICT COLLECTOR, CIVIL STATION, KOLLAM
           DISTRICT., PIN - 695003

     4     ELECTORAL REGISTRATION OFFICER
           THE SECRETARY, THRIKKOVIVATTOM GRAMA PANCHAYATH,
           PANCHAYATH OFFICE, MUKHATHALA P.O., PIN - 691577
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             BY ADV SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
             COMMISSION, KERALA
             SC- V. RENJITH KUMAR
             SR.GP- VIDYA KURIAKOSE


      THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION     ON   06.12.2025,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
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                    P.V.KUNHIKRISHNAN, J.
              ---------------------------------------------
                   WP(C) NO. 46067 OF 2025
         ------------------------------------------------------
          Dated this the 6th day of December, 2025

                              JUDGMENT

This writ petition is filed seeking the following reliefs:

"i. Issue a writ of Certiorari or any other writ, order or direction quashing Exhibit P-14 the deletion list of the petitioners' names from the electoral roll of ward no. 1 of Thrikkovilvattom Grama Panchayath, Kollam District.

ii. Issue a writ of Mandamus or any other writ, order or direction to respondents 3 and 4 to restore the names of the petitioners in the electoral roll forthwith.

iii. Issue a writ of Mandamus or any other writ, order or direction to the 3rd respondent to consider and dispose of the statutory appeals Exhibits P-15 to P-23 filed by the petitioners expeditiously.

iv. Such other reliefs that this Hon'ble Court may deem fit and proper in the nature and circumstance of the case."

[SIC]

2. The main prayer in this writ petition is to quash

Ext.P14 and to issue a direction to respondents 3 and 4 to restore

the name of the petitioners in the electoral roll forthwith.

3. Admittedly, the General Election, 2025 for the

Local Bodies, notified long back and the final voters list were also

published long back. Now the last date for submitting the

nomination is also over, and the final list of candidates also

published. Now the election is going to be conducted on 9 th and

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11th of this month. At this instance of time, this Court cannot

interfere with the electoral roll.

4. Section 24(3) of the Kerala Panchayat Raj Act,

1994 (for short 'Act'), says that, after the last date for nomination

is over, the electoral roll cannot be changed. In other words, in

the light of the Section 24(3) of the Act, the electoral roll is

freezed.

In such circumstances, when there is a statutory Bar this

Court cannot interfere with the electoral roll. But, I make it clear

that the contention raised by the petitioners in this writ petition

are left open, and they are free to agitate the same before the

appropriate forum at the appropriate stage.

With the above observations, this writ petition is

disposed of.

Sd/-


                                           P.V.KUNHIKRISHNAN
                                                JUDGE
AJ


   Judgment reserved     NA
     Date of judgment   06.12.2025

Judgment dictated 06.12.2025 Draft Judgment Placed 06.12.2025 Final Judgment Uploaded 11.12.2025

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APPENDIX OF WP(C) NO. 46067 OF 2025

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT VOTERS' LIST DATED 29.09.2025 PUBLISHED BY THE 4TH RESPONDENT Exhibit P-2 TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD DATED NILL ISSUED TO THE 1ST PETITIONER Exhibit P-3 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT DATED 07.08.2025 ISSUED TO THE 1ST PETITIONER Exhibit P-4 TRUE COPY OF THE IDENTITY CARD DATED 26.08.1997 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE 1ST PETITIONER Exhibit P-5 TRUE COPY OF THE ADHAR CARD DATED NILL ISSUED BY THE GOVERNMENT OF INDIA TO THE 1ST PETITIONER Exhibit P-6 TRUE COPY OF THE E-ADHAR LETTER DATED NILL ISSUED BY THE GOVERNMENT OF INDIA TO THE 2ND PETITIONER Exhibit P-7 TRUE COPY OF THE IDENTITY CARD DATED 26.08.1997 ISSUED BY THE ELECTION COMMISSION OF INDIA DATED NILL TO THE 2ND PETITIONER Exhibit P-8 TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD DATED NILL ISSUED TO THE 3RD PETITIONER Exhibit P-9 TRUE COPY OF THE IDENTITY CARD DATED 01.09.1997 ISSUED BY THE ELECTION COMMISSION TO THE 5TH PETITIONER Exhibit P-10 TRUE COPY OF THE RELEVANT PAGE OF THE RATION CARD DATED NILL ISSUED TO THE 6TH PETITIONER Exhibit P-11 TRUE COPY OF THE IDENTITY CARD DATED 11.01.2012 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE 7TH PETITIONER Exhibit P- 12 TRUE COPY OF THE ADHAR CARD DATED NILL ISSUED BY THE GOVERNMENT OF INDIA TO THE 9TH PETITIONER Exhibit P-13 TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT VOTERS' LIST DATED 25.10.2025 PUBLISHED BY THE 4TH RESPONDENT WP(C) NO. 46067 OF 2025 7

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Exhibit P-14 TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS' LIST DATED 15.11.2025 SHOWING DELETION OF THE PETITIONERS PUBLISHED BY THE 4TH RESPONDENT Exhibit P-15 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-15 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-16 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-16 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-17 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-17 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-18 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-18 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-19 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-19 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-20 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-20 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-21 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-21 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P-22 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-22 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT WP(C) NO. 46067 OF 2025 8

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Exhibit P-23 TRUE COPY OF THE APPEAL DATED 22.11.2025 FILED BY THE 9TH PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P-23 (a) TRUE COPY OF THE RECEIPT DATED 24.11.2025 ISSUED BY THE 3RD RESPONDENT