Kerala High Court
A.P. Narayanan vs Kerala State Election Commission on 9 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 37052 OF 2025 1
2025:KER:74729
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. 37052 OF 2025
PETITIONER:
A.P. NARAYANAN
AGED 70 YEARS
S/O KANNA PODUVAL, KARAMEL, PAYYANUR, KANNUR
DISTRICT, PIN - 670307
BY ADV SRI.T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS:
1 KERALA STATE ELECTION COMMISSION
REPRESENTED BY ITS SECRETARY VIKAS BHAVAN,
JANAHITHAM, NEAR LEGISLATIVE ASSEMBLY,
THIRUVANANTHAPURAM, PIN - 695033
2 DISTRICT ELECTION OFFICER (DISTRICT COLLECTOR)
COLLECTORATE, KANNUR DISTRICT, PIN - 670002
3 ELECTORAL REGISTRATION OFFICER (THE SECRETARY)
PAYYANUR MUNICIPALITY, PAYYANUR, KANNUR DISTRICT,
PIN - 670307
4 DISTRICT JOINT DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT (LSGD), KANNUR,
PIN - 670002
BY
SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION COMMISSION,
KERALA
SMT.DEEPA K R, SPL.GP
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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JUDGMENT
Dated this the 09th day of October, 2025
Aggrieved by Ext.P2 draft list of voters of
Kizhakkumbad constituency (Ward No.2) of Payyannur
Municipality, the petitioner had preferred Ext.P3
representation dated 04.08.2025 before the 3 rd respondent.
By Ext.P4 judgment, this Court had directed the 3 rd
respondent to consider Ext.P3 representation within one
week. However, by Ext.P5 order, the 3 rd respondent
rejected the petitioner's representation. Assailing Ext.P5
order, the petitioner had preferred Ext.P6 appeal before the
4th respondent. In the meantime, Ext.P7 final voters list
was published. Consequently, the 4th respondent rejected
Ext.P6 appeal on the ground that he cannot look into the
matter. Ext.P8 order is illegal and arbitrary. Hence, the
writ petition.
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2. Heard; the learned Counsel for the petitioner
and the learned Standing Counsel appearing for the
respondents.
3. It is not in dispute that the petitioner had
preferred Ext.P3 representation/objection against Ext.P2
draft voters list as early as on 04.08.2025. But, the said
objection was rejected by Ext.P5 order on 02.09.2025 by
the 3rd respondent. It is against the said order that the
petitioner had preferred Ext.P6 appeal before the 4 th
respondent. The 4th respondent has rejected the same only
on the ground that Ext.P7 final voters list has been
published.
4. In the above context, it is apposite to refer to
Rule 22 of the Kerala Panchayat Raj (Registration of
Electors) Rules, 1994, which reads as follows;
"22. Appeals from orders deciding claims and objections
(1) An appeal shall lie from any decision of the registration officer
under rule 18, rule 19 or rule 20 to such officer of Government as
the State Election Commission may designate in this behalf
(hereinafter referred to as the appellate officer)
Provided that an appeal shall not lie where the person desiring to
appeal has not availed himself of his right to be heard by, or to make
representations to the registration officer on the matter which is the
subject of appeal.
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(2) Every appeal under sub-rule (1) shall be-
(a) in the form of a memorandum signed by the appellant, and
accompanied by a copy of the order appealed against and a fee of
Rs.2 (Rupees two) to be paid-
(i) by means of non-judicial stamps, or
(ii) in such other manner as may be directed by the State
Election Commission, and
(b) presented to the appellate officer within a period of fifteen
days from the date of announcement of the decision or sent to
that officer by registered post so as to reach him within that
period.
(3) The presentation of an appeal under this rule shall not have the
effect of staying or postponing any action to be taken by the
registration officer under rule 21.
(4) Every decision of the appellate officer shall be final, but insofar
as it reverses or modifies a decision of the registration officer, shall
take effect only from the date of the decision in appeal.
(5) The registration officer shall cause such amendments to be made
in the roll as may be necessary to give effect to the decisions of the
appellate officer under this rule.
5. A reading of Rule 22 undoubtedly
substantiate that an appeal would lie from any decision of
the Registration Officer passed under Rules 18, 19 or 20 to
the appellate authority, who undisputedly is the 4 th
respondent. Therefore, the 4th respondent was bound to
consider Ext.P6 appeal on its merits rather than taking a
plea that he has no jurisdiction to consider the appeal since
Ext.P7 final voters list has been published. Since the
petitioner was aggrieved by the draft voters list and
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submitted his objection to the same as early as on
04.08.2025, that is much prior to publication of the final
voters list, the 4th respondent was bound to look into the
merits of the petitioner's representation.
In the above said circumstance, I am convinced and
satisfied that Ext.P8 order is untenable, and that the 4 th
respondent is bound to reconsider the matter afresh, in
accordance with law. Accordingly, I allow this writ petition
by quashing Ext.P8 order and by directing the 4 th
respondent to reconsider Ext.P6 appeal in accordance with
law and as expeditiously as possible, at any rate, within two
weeks from the date of production of a copy of this
judgment.
Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF WP(C) 37052/2025
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE NOTIFICATION IN THE
GAZETTE, NUMBERED SDC/1145/2024/SDC6 DATED
26.05.2025
EXHIBIT P-2 TRUE COPY OF THE DRAFT LIST OF VOTERS IN
KIZHAKKUMBAD CONSTITUENCY (WARD NUMBER 2)
OF PAYYANNUR MUNICIPALITY
EXHIBIT P-3 TRUE COPY OF THE REPRESENTATION MADE TO THE
3RD RESPONDENT DATED 04-08-2025
EXHIBIT P-4 TRUE COPY OF THE JUDGEMENT IN WP (C) NO.
EXHIBIT P-5 TRUE COPY OF THE ORDER DATED 02.09.2025 OF
3RD RESPONDENT
EXHIBIT P-6 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT DATED
11-09-2025
EXHIBIT P-7 TRUE COPY OF THE FINAL VOTERS LIST OF WARD
NO. 2 OF PAYYANNUR MUNICIPALITY
EXHIBIT P-8 TRUE COPY OF THE ORDER DATED 04.10.2025
ISSUED BY THE 4TH RESPONDENT
