Kerala High Court
Sulochanan vs Versus Rahul Raj R on 20 February, 2025
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OPC 463/25
2025:KER:15015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
OP(C) NO. 463 OF 2025
OPELE NO.1 OF 2021 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/S:
SULOCHANAN V S
AGED 58 YEARS
S/O. VELAYUDHAN, DEVI NANDANAM,T.C.2565, AMBALATHARA,
POONTHURA P.O. THIRUVANANTHAPURAM, PIN - 695026
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.PRATHISH
RESPONDENT/S:
RAHUL RAJ R
AGED 27 YEARS
S/O. SINDHU, PUTHUVAL PUTHEN VEEDU, AMBALATHARA, POONTHURA
P.O. THIRUVANANTHAPURAM, PIN - 695026
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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OPC 463/25
2025:KER:15015
JUDGMENT
(Dated this the 20th day of February 2025)
The respondent in O.P.(Election) No.1 of 2021 on the files of
the Munsiff Court, Thiruvananthapuram, is the petitioner, and the
respondent herein is the petitioner therein. The said O.P. is filed to
declare the election of the petitioner as void for non-compliance
with the provisions of the Kerala Municipalities Act, 1994. The
petitioner filed a written statement, and the case was listed for trial
on 27.6.2022. PW1 was examined, and PW2 to 4 were also
examined thereafter. The plaintiff's evidence was closed and was
posted for the defendant's evidence. The petitioner, thereafter, filed
I.A.No.6 of 2022 to reject the election petition, which was
dismissed. Review Petition was filed as I.A.No.8 of 2022, and the
same was also dismissed. Challenging the order in I.A.No.6 of
2022, O.P.(C) No.2068 of 2022 was filed before this court, which
was dismissed on 9.12.2022.
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2. Two witnesses were examined as RW1 and RW2 on the side
of the petitioner and posted for further evidence. The petitioner
filed I.A.No.10 of 2022 for raising a preliminary issue on the
maintainability of the E.P. on 17.12.222, but the said petition was
dismissed. Another petitioner was filed as I.A.No.20 of 2023
seeking rejection of the election petition, which was earlier filed as
I.A.No.6 of 2022 and confirmed by this court in O.P.(C) No. 2068
of 2022. I.A.No.22 of 2024 was filed to issue summons to the
witnesses, and RWs1 to 8 were examined, and the evidence was
closed and posted for hearing. At this point in time, the petitioner
has filed this present I.A.No.23 of 2025 for issuing summons to 2
persons whose names are not disclosed in the schedule.
3. The main ground in the petition is that the Returning
Officer, as well as Assistant Returning officers, are to be examined
on the side of the respondent to prove the validity of the nomination
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papers and to note whether any objection was raised at the time of
nomination regarding the alleged entries in the nomination paper in
column No.14. The court below dismissed the petition taking note
of the fact that PW2 was examined on the side of the plaintiff and
through him, Ext.X1 series records were marked on 29.6.2022,
wherein the name and address of the Returning Officer and
Assistant Returning Officer are clearly mentioned. The petitioner
was not vigilant enough in prosecuting the case, though he was fully
aware of the production of the nomination paper before the court
and the name of the persons now sought to be summoned. Reliance
was placed on Order 16 R 1 CPC, which deals with the List of
witnesses and summons to witnesses.
4. When PW2 was examined on 29.6.2022, and the relevant
documents were marked, the petitioner raised no objection
regarding incompetence to depose before the court. The petitioner
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had ample time to file a petition to issue summons to the persons
whose names are figured in Ext.X1. The said application is filed
after the closure of evidence of the defendants. Therefore,
dismissed the petition.
5. A perusal of the Ext.P8 witness schedule would show that
the petitioner has not stated the name or designation of the person
who is sought to be summoned for giving evidence. Simply saying
that the Returning Officer for Ward No.67 in the 2020 municipal
election is to be summoned is not in proper form and is not in tune
with Order 16 Rule 1 CPC. When a petition is filed for issuance of
summons, it is for the person, whom to be examined to precisely
shown with the name and address to which the summons is to be
issued. Unless and until the name of the witness is not shown, the
court is not bound to issue a summons. Knowing fully well the
name and designation of Returning Officers and Assistant of
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Returning Officer, from 29.6.2022 when Ext.X1 was marked, the
petitioner kept silent to examine them on their side. Only after the
closure of evidence is the present petition filed, which is highly
belated. Having gone through Ext.P9 Order of the Principal
Munsiff, Thiruvananthapuram, in I.A.No.23 of 2025 in
O.P.(Election) No.1 of 2021 dated 7.2.2025, I am of the opinion that
the Munsiff has rightly dismissed the petition for cogent reasons.
Therefore, no interference is warranted, and this O.P.(C) is
dismissed.
SD/-
BASANT BALAJI
JUDGE
dl/
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APPENDIX OF OP(C) 463/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE O.P(ELECTION) NO. 1 OF 2021
FILED BY THE RESPONDENT ON THE FILES OF MUNSIFF
COURT, THIRUVANANTHAPURAM DATED 12.01.2021
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
PETITIONER IN O.P.(ELECTION) NO. 1 OF 2021 OF
MUNSIFF COURT, THIRUVANANTHAPURAM DATED NIL
Exhibit P3 TRUE COPY OF THE IA NO. 20 OF 2023 IN
O.P.(ELECTION) 1 OF 2021 DATED 02.08.2023 ON THE
FILES OF MUNSIFF COURT THIRUVANANTHAPURAM FILED
BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER DATED 09.08.2024 IN I.A
NO. 20 OF 2023 IN O.P.(ELECTION) NO.1 OF 2021
PENDING BEFORE THE PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 16.03.2023 IN O.P
(C) NO. 295 OF 2023 OF THIS HON'BLE COURT
Exhibit P6 TRUE COPY OF THE JUDGMENT IN OPC NO.1958 OF 2024
DATED 27.09.2024
Exhibit P7 TRUE COPY OF THE ORDER DATED 04.11.2024 IN I.A.
20/2023 IN O.P.(ELECTION) NO.1 OF 2021 PENDING
BEFORE THE PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE I.A. NO. 23 OF 2025 ALONG WITH
WITNESS SCHEDULE IN O.P.(ELECTION) NO.1 OF 2021
PENDING BEFORE THE PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE ORDER DATED 07.02.2025 IN I.A.
NO. 23 OF 2025 IN O.P.(ELECTION) NO.1 OF 2021
PENDING BEFORE THE PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Corrected
