Kerala High Court
Shamnad vs State Election Commissioner on 9 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:74782
WP(C) NO. 34895 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 34895 OF 2025
PETITIONER/S:
1 SHAMNAD
AGED 31 YEARS
S/O. ISMAYIL, HOUSE NO. 7/370 VADAKKAYIL, PAYAMPRA
P.O KUNNAMANGALAM KOZHIKODE, PIN - 673571
2 NIMISH M
AGED 33 YEARS
S/O. RAMACHANDRAN NAIR, HOUSE NO. 7/226
MANIYANCHERI POYIL, POYIL THAZHAM, PAYAMBRA,
KURUVATTOOR, KOZHIKODE, PIN - 673571
3 BALAKRISHNAN
AGED 63 YEARS
S/O. RARICHEN, HOUSE NO. 7/251 KARIMPECHALIL,
PAYAMBRA, KURUVATTOOR, KOZHIKODE, PIN - 673571
4 AMINA
AGED 61 YEARS
W/O. KHADER, HOUSE NO. 7/384, VALAPPIL, PAYAMBRA,
KURUVATTOOR, KOZHIKODE, PIN - 673571
5 HANEEFA
AGED 60 YEARS
S/O. KOYAKUTTY, HOUSE NO. 7/368, MURATTAMMAL,
PAYAMBRA, KURUVATTOOR, KOZHIKODE., PIN - 673571
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WP(C) NO. 34895 OF 2025
2
6 SARASU C.M
AGED 64 YEARS
W/O. MADHAVAN, HOUSE NO. 7/425, CHERUPPAMALAYIL,
PAYAMBRA, KURUVATTOOR, KOZHIKODE, PIN - 673571
7 BALACHANDRAN NAIR
AGED 81 YEARS
S/O. GOVINDHAN NAIR, ANURAGE, PAYAMBRA,
KURUVATTOOR, KOZHIKODE, PIN - 673571
8 LATHIKA V.T
AGED 47 YEARS
W/O. SADANANDAN, HOUSE NO. 7/554, ERANJIKODI,
PAYAMBRA, KURUVATTOOR, KOZHIKODE, PIN - 673571
9 SUSHEELA
AGED 62 YEARS
W/OBALAKRISHNAN NAIR, HOUSE NO. 7/577
MOOLATHUMANNIL, PAYAMBRA, KURUVATTOOR,
KUNNAMANGALAM, KOZHIKODE, PIN - 673571
10 LEELA U
AGED 52 YEARS
D/O. KANDAKUTTY, UNNICHATHAMANNIL, PAYAMBRA,
KURUVATTOOR, KOZHIKODE-, PIN - 673571
11 ANURAJ
AGED 31 YEARS
S/O. VENUGOPALAN M, HOUSE NO. 7/636 MANIYEDATHU,
PAYAMBRA, KURUVATTOOR, KOZHIKODE, PIN - 673571
12 YASHODA
AGED 57 YEARS
W/O. APPUKUTTY, HOUSE NO. 7/640, MANIYEDATHU,
PAYAMBRA, KURUVATTOOR, KOZHIKODE, PIN - 673571
BY ADVS.
SMT.C.K.SHERIN
SRI.MANOJ P.KUNJACHAN
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WP(C) NO. 34895 OF 2025
3
RESPONDENT/S:
1 STATE ELECTION COMMISSIONER
VIKAS BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY
ELECTION COMMISSIONER, PIN - 695033
2 DISTRICT COLLECTOR
KOZHIKODE, CIVIL STATION, ERANHIPALAM, WAYANADU
ROAD, KOZHIKODE DISTRICT (DISTRICT ELECTORAL
OFFICER KOZHIKODE), PIN - 673020
3 JOINT DIRECTOR
LSGD DEPARTMENT, CIVIL STATION, KOZHIKODE, PIN -
673020
4 SECRETARY
KURUVATTOOR GRAMA PANCHAYATH, PAYAMBRA,
KURUVATTOOR, KOZHIKODE ( ELECTORAL REGISTRATION
OFFICER KURUVATTOOR GRAMA PANCHAYATH), PIN - 673571
BY ADVS.
SMT.DEEPA K.K., SPL.GP
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
COMMISSION, KERALA
SHRI.P.V.ANOOP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 34895 OF 2025
4
C.S.DIAS, J.
---------------------------------------
W.P.(C) No.34895 of 2025
-----------------------------------------
Dated this the 9th day of October, 2025
JUDGMENT
The writ petition is filed to direct the respondents 1
and 2 to take appropriate proceedings against the 4th
respondent for deliberately excluding the petitioners
from the final voters list.
2. The petitioners contend that their names
were included in Ext.P1 draft voters list for the ensuing
elections to the local bodies to be held in 2025.
Surprisingly, all of them were included in Ext.P2 list of
removed persons. On enquiry, the petitioners learnt that
the names were removed stating that they were no more.
The petitioners believe that the said exclusion is a
deliberate and wilful act on the part of the 4th
respondent. Therefore, the respondents 1 and 2 may be
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WP(C) NO. 34895 OF 2025
directed to take action against the 4th respondent.
3. In the statement filed by the 1st respondent, it
is contended that, on receipt of the writ petition, a
detailed report was called from the Electoral Registration
Officer, who has reported the above omission is an
inadvertent mistake. The serial numbers of dead persons
included in Part No.1 of the electoral roll of Ward No.7
were included in Part No.2, and the serial numbers of
dead persons included in Part No.2 of the electoral roll of
ward No.7 were mentioned as included in Part No.1. It is
in the above circumstances that the above exclusion took
place. Subsequently, the State Election Commission had
directed the 4th respondent to include the names of the
petitioners in the electoral roll. Accordingly, the above
mistake has been rectified. The 4th respondent has
initiated action to include the names of the petitioners 1
to 6 in Part No.1 of the electoral roll of Ward No.7 at
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WP(C) NO. 34895 OF 2025
Sl.Nos.340, 112, 196, 385, 324 and 507 and the names of
the petitioners 7 to 12 in Part No.2 of the electoral roll of
Ward No.7 at Sl.Nos.146, 205, 260, 355, 369 and 378
respectively. Annexure R1(c) compliance report has been
forwarded to the 1st respondent.
In light of Annexure R1(c) report, I am of the view
that the petitioners' grievances stand redressed.
Consequently, this writ petition is closed.
Sd/-
C.S.DIAS, JUDGE
dkr
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WP(C) NO. 34895 OF 2025
APPENDIX OF WP(C) 34895/2025
PETITIONER EXHIBITS
EXHIBIT -P1 TRUE COPY OF THE RELEVANT PAGES OF THE
DRAFT LIST
EXHIBIT -P2 TRUE COPY OF THE LIST OF REMOVED PERSONS
ISSUED BY THE 4TH RESPONDENT
EXHIBIT -P3 TRUE COPY OF THE COMPLAINTS DATED
12.09.2025 FILED BEFORE THE 1ST
RESPONDENT
EXHIBIT -P4 THE TRUE COPY OF THE RECEIPT DATED
12.09.2025 OF THE COMPLAINT FILED BEFORE
THE 2ND RESPONDENT
EXHIBIT -P5 TRUE COPY OF THE APPEAL DATED NIL FILED
ON 15.09.2025 BEFORE THE 3RD RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE-R1(A) THE TRUE COPY OF REPORT NO.4027588/2025
DATED 20-09-2025 SUBMITTED BY THE
ELECTORAL REGISTRATION OFFICER,
KURUVATTOOR GRAMA PANCHAYAT BEFORE THE
STATE ELECTION COMMISSION ALONG WITH
APPENDED DOCUMENTS
ANNEXURE-R1(B) THE TRUE COPY OF LETTER NO.A5/134/2025-
SEC DATED 29-09-2025 ISSUED BY THE 1ST
RESPONDENT TO THE 4TH RESPONDENT
ANNEXURE-R1(C) THE TRUE COPY OF LETTER NO.4027588/2025
DATED 06-10-2025 SUBMITTED BY THE 4TH
RESPONDENT BEFORE THE 1ST RESPONDENT
ANNEXURE-R1(D) THE TRUE COPY OF LETTER NO.A5/134/2025-
SEC DATED 04-10-2025 ISSUED BY THE 1ST
RESPONDENT TO THE DISTRICT ELECTION
OFFICER, KOZHIKODE
