The High Court of Kerala held that after the election concluded and disputed votes were segregated, the petitioners must file an Election Petition to challenge the election. The writ petition was disposed of without rights adjudication.
The writ petition is disposed of; petitioners must file an Election Petition to challenge the election.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936
WP(C).No. 5393 of 2015 (Y)
PETITIONER(S):
BY ADV. SRI.P.N.MOHANAN
RESPONDENT(S):
R4 BY ADV. SRI.T.B.HOOD R4 BY ADV. SMT.M.ISHA R3 BY ADV. GOVERNMENT PLEADER SRI.GIKKU JACOB.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5393 of 2015 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P2: A TRUE COPY OF THE OBJECTION DATED 11.2.2015 FILED BY THE PETITIONERS AND OTHERS.
EXT.P4: A TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST OF THE POZHUTHANA PANCHAYAT.
EXT.P5: A TRUE COPY OF THE ORDER OF THE ELECTORAL OFFICER ISSUED IN THE REVERSE PORTION OF THE OBJECTION FILED BY THE PETITIONERS.
EXT.P6: A TRUE COPY OF THE DECISION REPORTED IN 1996(1) KLT 285.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------W.P (C) No.5393 of 2015
--------------------Dated this the 18th day of March, 2015
J U D G M E N T
The election to the Managing Committee is over and the disputed votes have been collected in a separate ballot box. It is up to the petitioners to call in question the election in an Election Petition if they so desire.
The Writ Petition is disposed of.
Sd/V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the writ petition challenging the election to the Managing Committee can be pursued through a writ petition instead of an Election Petition.
The appropriateness of disposing the writ petition without judicial determination on the merits of the election dispute.
Colour shows how this judgement treated each authority
1996(1) KLT 285Referred¶23
M JOSE
WILLY V.A.
STATE CO-OPERATIVE ELECTION COMMISSION
ELECTORAL OFFICER TO THARIYOD MILK PRODUCER'S CO-OPERATIVE SOCIETY
THE RETURNING OFFICER TO THARIYOD MILK PRODUCER'S CO-OPERATIVE SOCIETY
THARIYOD MILK PRODUCER'S CO-OPERATIVE SOCIETY
V.CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
