In this writ petition, the court held that since the petitioners' nominations were provisionally accepted, they subsequently lost the election, and their remedy lies in an appropriate election appeal rather than a writ petition, the writ petition was dismissed.
The writ petition was dismissed.
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
MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937
WP(C).No. 7263 of 2015 (G)
PETITIONERS:
1. V.K. THARA MOHAN, AGED 48 YEARS W/O. K MOHANACHANDRAN, T.C 52/140 KUTTIPALAMEL PUTHEN VEEDU, KARAKKAMANDAPAM, NEMOM P.O THIRUVANANTHAPURAM 695 020
2. C.M JAYAGOPI, AGED 59 YEARS S/O.MADHAVAN, PRASANTH BHAVAN, T.C 52/139 KODATHARA VIA, KARAKKA MANDAPAM, NEMOM THIRUVANANTHAPURAM 695 020
BY ADVS.SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP
RESPONDENTS:
1. STATE CO-OPERATIVE CHIEF ELECTION COMMISSIONER STATE CO-OPERATIVE CHIEF ELECTION COMMISSION THIRUVANTHAPURAM 695 001
2. ELECTORAL OFFICER/ASSISTANT REGISTRAR(GENERAL) OFFICE OF ASSISTANT REGISTRAR(GENERAL) THRIUVANANTHAPURAM 695 001
3. RETURNING OFFICER/UNIT INSPECTOR,PALAYAM,THIRUVANANTHAPURAM 695 001
4. THE SOUHRUDA NAGAR RESIDENTS WELFARE CO-OPERATIVE SOCIETY LTD NO T 1408,OLD KARAKKA MANDAPAM,NEMOM P.O,THIRUVANANTHAPURAM 695 020 REPRESENTED BY ITS SECRETARY
R1 TO R3 BY GOVERNMENT PLEADER SRI. JIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 7263 of 2015 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF ELECTION NOTIFICATION DATED 27-1-2015 BY 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 4-3-2015 REGARDING REJECTION OF NOMINATION PAPER OF 1ST PETITIONER
EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 4-3-2015 REGARDING REJECTION OF NOMINATION PAPER OF 2ND PETITIONER
EXHIBIT P4 TRUE COPY OF THE VOTERS LIST OF 4TH RESPONDENT
RESPONDENT(S)' EXHIBITS:-NIL
/TRUE COPY/
P. A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 7263 OF 2015
Dated this the 23rd day of March, 2015
JUDGMENT
The nomination put in by the petitioners were provisionally accepted. But then the petitioners have failed in the election conducted on 15.03.2015. The remedy of the
petitioners is to call in question the election appropriately.
The writ petition is hence dismissed.
V. CHITAMBARESH JUDGE
DCS
1 issue framed by the court
Whether the writ petition challenging the election outcome is maintainable when the nomination was provisionally accepted but election was subsequently lost.
V.K. Thara Mohan
C.M Jayagopi
State Co-Operative Chief Election Commissioner
Electoral Officer/Assistant Registrar(General)
Returning Officer/Unit Inspector
The Souhruda Nagar Residents Welfare Co-Operative Society Ltd
V. Chitambareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
