Kerala High Court
Adv. Sreelakshmi Sabu vs The State Election Commissioner Of ... on 17 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 38435 OF 2025 1
2025:KER:77440
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 38435 OF 2025
PETITIONER/S:
ADV. SREELAKSHMI SABU
AGED 30 YEARS
D/O SABU O.R (LATE), ORUMBACKAL (H), KUNCHITHANNY
(PO) KUNCHITHANNY, PIN - 685565
BY ADV SRI.AJEESH K.SASI
RESPONDENT/S:
1 THE STATE ELECTION COMMISSIONER OF KERALA
ELECTION DEPARTMENT, KERALA LEGISLATIVE COMPLEX,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
2 ELECTORAL REGISTRATION OFFICER / SECRETARY
VELLATHOOVAL GRAMA PANCHAYATH
ADIMALY - RAJAKKKAD ROAD, ADIMALY, VELLATHOOVAL,
IDUKKI, PIN - 685563
3 P.G JOSHY
AGED 49 YEARS
MEMBER, WARD NO. 7, VELLATHOOVAL GRAMA PANCHAYATH,
PLACHIKKAL (H), MERYLAND, CHENGULAM, PIN - 685565
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE, SRI DEEPU LAL MOHAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38435 OF 2025 2
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P.V.KUNHIKRISHNAN, J
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WP (C) No. 38435 of 2025
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Dated this the 17th day of October, 2025
JUDGMENT
The above writ petition is filed with following prayers :
a. "Issue a Writ of Certiorari or any other appropriate
writ, order or direction, calling for the records leading to the
deletion of the petitioner's name from the electoral roll of her
constituency and to quash the same as illegal, arbitrary and
violative of the provisions of the Representation of the People
Act, 1950 and the Registration of Electors Rules, 1960;
b. Issue a Writ of Mandamus or any other appropriate
writ, order or direction, commanding the 2nd respondent to
forthwith restore and re-include the petitioner's name in the
electoral roll of the concerned constituency, treating her as an
ordinary resident of the said address.
c. Declare that marriage per se does not result in
cessation of ordinary residence, and that the deletion of the
petitioner's name on the said ground is unconstitutional and
unsustainable in law;
d. Dispense with the translation of Exhibits Produced in
Vernacular Language." [sic]
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2. The petitioner is a lawyer practicing in this
Court. The grievance of the petitioner is that her name is
wrongly deleted from the Electoral roll. Thereafter, the
petitioner filed Ext.P6 application for inclusion in the Electoral
roll. The same is not considered is the grievance. Now, the final
voters list will be published on 25.10.2025 is the submission.
3. Heard the learned counsel for the petitioner
and the Standing Counsel appearing for the State Election
Commission. The manner in which this writ petition is going to
be disposed of, no notice is necessary to the 3 rd respondent. If
the 3rd respondent is aggrieved by any of the directions, the 3 rd
respondent is free to file a review petition before this Court.
4. After hearing both sides, I am of the considered
opinion that Electoral Registration Officer should consider
Ext.P6 strictly in accordance to Sec. 21 of the Kerala Panchayat
Raj Act notwithstanding the fact that, earlier the application
was rejected. The orders should be passed before 23.10.2025.
Therefore, this writ petition is disposed of with the
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following directions :
1) The 2nd respondent is directed to consider Ext.P6 and pass
appropriate orders, strictly in accordance to Sec.21 of the
Kerala Panchayat Raj Act, notwithstanding the fact that
earlier, her application was rejected, as expeditiously as
possible, at any rate, on or before 23.10.2025.
2) The orders will be passed after hearing the petitioner and
the 3rd respondent.
3) Issue a copy of this judgment today itself.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
Judgment reserved NA
Date of Judgment 17/10/25
Judgment dictated 17/10/25
Draft judgment placed 17/10/25
Final judgment uploaded 17/10/25
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APPENDIX OF WP(C) 38435/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ID CARD NO. AFU0358796
ISSUED BY THE ELECTION COMMISSION OF INDIA
DATED 20.3.2014.
Exhibit P2 TRUE COPY OF THE RATION CARD NO.
1629042808 DATED 19.12.2015.
Exhibit P3 TRUE COPY OF THE ADHAAR CARD NO.
613447982497 ISSUED BY UNIQUE
IDENTIFICATION AUTHORITY OF INDIA.
Exhibit P4 TRUE COPY OF THE PASSPORT NO. P 3997867
DATED 5.8.2016.
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE
ELECTORAL ROLL WHICH INCLUDES THE
PETITIONER'S MOTHER AND BROTHER PUBLISHED
IN THE OFFICIAL WEBSITE OF THE STATE
ELECTION COMMISSION.
Exhibit P6 TRUE COPY OF THE FORM 4 APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 7.10.2025.
