Anil Kumar.V vs The State Election Commission
2026 Latest Caselaw 826 Ker

Kerala High Court

Anil Kumar.V vs The State Election Commission on 27 January, 2026

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                2026:KER:6943
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

   TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947

                   WP(C) NO. 3138 OF 2026

PETITIONER/S:

         ANIL KUMAR.V
         AGED 55 YEARS
         S/O.VASUDEVAN, VIJAYA BHAVANAM, ITHOTTUVA, WEST
         KALLADA P.O, KOLLAM DISTRICT -, PIN - 691500


         BY ADV
         SMT.ATHIRA A.MENON


RESPONDENT/S:

    1    THE STATE ELECTION COMMISSION
         CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM
         P.O, THIRUVANANTHAPURAM -
         REPRESENTED BY ITS SECRETARY,
         PIN - 695034

    2    DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR
         COLLECTORATE, CIVIL STATION, KOLLAM -,
         PIN - 691013

    3    THE RETURNING OFFICER
         WEST KALLADA GRAMA PANCHAYAT AND TOWN EMPLOYMENT
         OFFICER, KUNNATHOOR, SASTHAMCOTTA P.O, KOLLAM -,
         PIN - 690521

    4    JOINT DIRECTOR
         LOCAL SELF GOVERNMENT DEPARTMENT, CIVIL STATION,
         KOLLAM -, PIN - 691013
                                                                   2026:KER:6943
WP(C) NO.3138 OF 2026

                                           2


     5       WEST KALLADA GRAMA PANCHAYAT
             VILANTHARA.P.O, SASTHAMCOTTA, KOLLAM DISTRICT-
             REPRESENTED BY ITS SECRETARY, PIN - 690521

     6       THE SECRETARY
             WEST KALLADA GRAMA PANCHAYAT, VILANTHARA.P.O,
             SASTHAMCOTTA, KOLLAM DISTRICT-, PIN - 690521


             BY ADV
             SHRI.DEEPU LAL MOHAN, SC, STATE ELECTION
             COMMISSION, KERALA


             SPL GP SMT DEEPA K R


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.01.2026,        THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2026:KER:6943
WP(C) NO.3138 OF 2026

                                       3


                       P.V.KUNHIKRISHNAN, J
                      --------------------------------
                      W.P (C) No.3138 of 2026
                       -------------------------------
               Dated this the 27th day of January, 2026

                                 JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" i. To call for records leading to Ext.P2, P5 and P6 and set aside the same by issuing a writ of certiorari as it violates Sec.162(2) of the Kerala Panchayat Raj Act and Rules therein. ii. To declare that the election of Standing Committee members to the various Standing Committees of West Kallada Panchayat pursuant to Ext.P2 notice was conducted not in accordance with the Kerala Panchayat Raj Act and Rules, Ext.P1 guidelines and hence illegal. iii. To issue a writ of mandamus commanding the respondents 1 to 3 to take immediate steps to conduct the election of Standing Committee members of West Kallada Grama Panchayat afresh, in compliance with Kerala Panchayat Raj Act, Rules and guidelines of the Kerala State Election Commission. "

[SIC]

2. Petitioner submits that the election conducted for

the Standing Committees of the 5th respondent, West Kallada

Grama Panchayat, is in violation of Rule 3(A) of the Kerala 2026:KER:6943 WP(C) NO.3138 OF 2026

Panchayat Raj (Standing Committees) Rules. Petitioner also takes

me through Ext.P4, the report of the Internal Vigilance Officer to

the Joint Director, Local Self Government Institutions. Therefore, it

is submitted that the election of the Standing Committee members

to the various Standing Committees of West Kallada Grama

Panchayat pursuant to Ext.P2 notice is not in accordance with the

Kerala Panchayat Raj Act, Rules, and Ext.P1 guidelines. Hence,

this Writ Petition.

3. Heard the Counsel for the petitioner, the

Standing Counsel appearing for the State Election Commission. I

also heard the Standing Counsel appearing for the Panchayat.

4. Admittedly, the election of the Standing

Committee is already over. If the petitioner has any grievance

against the election conducted, the petitioner has a remedy by

way of a civil suit before the civil court. I am of the considered

opinion that this court need not entertain this writ petition

invoking the extraordinary jurisdiction under Article 226 of the

Constitution of India. All the contentions raised by the petitioner

are left open, and the petitioner is free to agitate the same before 2026:KER:6943 WP(C) NO.3138 OF 2026

the appropriate Court at the appropriate stage in accordance with

law.

With the above observation, this Writ Petition is disposed

of.

Sd/-

                                            P.V.KUNHIKRISHNAN
                                                   JUDGE

SSG


    Judgment reserved       NA
      Date of judgment     27.01.2026
     Judgment dictated     27.01.2026
  Draft Judgment Placed    28.01.2026

Final Judgment Uploaded 29.01.2026 2026:KER:6943 WP(C) NO.3138 OF 2026

APPENDIX OF WP(C) NO. 3138 OF 2026

PETITIONER EXHIBITS

Exhibit P1 THE RELEVANT PAGE OF GUIDELINES ISSUED BY THE KERALA STATE ELECTION COMMISSION FOR THE ELECTION OF STANDING COMMITTEE MEMBERS AND ITS CHAIRMAN DATED 7.4.2025 Exhibit P2 THE COPY OF NOTICE FOR CONVENING MEETING ISSUED BY THE 3RD RESPONDENT DATED 27.12.2025 UNDER RULE 4(1) OF KERALA PANCHAYAT RAJ (STANDING COMMITTEE) RULE,

Exhibit P3 THE COPY OF COMPLAINT DATED 7.1.2026 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 THE COPY OF THE REPORT 09.01.2026 SUBMITTED BY THE INTERNAL VIGILANCE OFFICER TO THE JOINT DIRECTOR LSGD, KOLLAM Exhibit P5 THE COPY OF COMMUNICATION DATED 21.1.2026 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P6 THE COPY OF LETTER DATED 22.1.2026 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT