Dismissed
P.Balan Nair v. the Deputy Director of Education, Neduvannaur
Kerala HCWP(C)/33682/2016
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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 SHAJI P.CHALY
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
WP(C).No. 33682 of 2016 (I)
PETITIONER(S):
P.BALAN NAIR, AGED 70 YEARS, S/O GOVINDAN NAIR, RAMYA HOUSE, P.O, THURUTHIYAD, BALUSSERY, CALICUT DISTRICT 673 612.
BY ADVS.SRI.P.R.VENKETESH SRI.G.KEERTHIVAS
RESPONDENT(S):
1. THE DEPUTY DIRECTOR OF EDUCATION, NEDUVANNAUR, CALICUT 673 614.
2. THE DISTRICT REGISTRAR (GENERAL), CALICUT-673 001
3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY-673 573
4. O.M. KRISHNA KUMAR, S/O MADHAVAN NAIR, PRESIDENT, NEDUVANNUR HIGH SCHOOL SOCIETY, P.O VAKAYAD, RESIDING AT GEETHANJALI, NADUVANNUR P.O, NADUVANNUR, KOZHIKODE 673 614.
5. U.RAMACHANDRAN, S/O KUNHIKANNAN, SECRETARY, NEDUVANNUR HIGH SCHOOL SOCIETY, P.O VAKAYAD, RESIDING AT WHITE ROSE, KOTTUR P.O, NADUVANNUR, KOZHIKODE 673 614.
6. T. GOPALA KRISHNAN NAIR, S/O KUNHIKRISHNAN NAIR, TREASURER, NEDUVANNUR HIGH SCHOOL SOCIETY, P.O VAKAYAD, RESIDING AT RANJINI, KAKKODIMUKKU, KAKKODI P.O, CHELANNUR, KOZHIKODE-673 611
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WP(C).No. 33682 of 2016 (I)
7. C.K. ASHOKAN,KUNNATH, MANAGER, NEDUVANNUR HIGH SCHOOL SOCIETY, VAKAYAD, RESIDING AT VAKAYOD P.O, NEDUVANNUR, KOZHIKODE 673 614.
8. P.V. VIJAYAN (JOINT REGISTRAR (RRETD), RETURNING OFFICER, NEDUVANNUR HIGH SCHOOL SOCIETY P.O VAKAYAD, RESIDING AT S-2/1950, VAKAYAD P.O, NADUVANNUR CALICUT DISTRICT 673 614.
9. NEDUVANNUR HIGH SCHOOL SOCIETY, VAKAYAD P.O, REPRESENTED BY ITS SECRETARY.
BY SR.GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33682 of 2016 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 TRUE COPY OF NOTIFICATION DATED 07-05-2016 ISSUED BY THE 4TH RESPONDENT. |
|---|
| EXHIBIT P2 TRUE COPY OF THE VOTERS' LIST OF THE ELECTION TO THE NEDUVANNUR HIGH SCHOOL SOCIETY. |
| EXHIBIT P3 TRUE COPY OF THE RULES AND REGULATIONS OF THE NEDUVANNUR HIGH SCHOOL SOCIETY. |
| EXHIBIT P4 TRUE COPY OF THE APPROVED BYELAWS OF THE NEDUVANNUR HIGH SCHOOL SOCIETY. |
| EXHIBIT P5 TRUE COPY OF THE OBJECTION SUBMITTED TO THE 4TH RESPONDENT BY THE PETITIONER. |
| EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 19-05-2016 IN WP(C) NO 17459/2016 OF THIS HON'BLE COURT. |
| EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 20-06-2016 TO THE DISTRICT REGISTRAR (GENERAL). |
| EXHIBIT P8 TRUE COPY OF THE REPRESENTATIONS DATED 20-06-2016 TO THE DEO, THAMARASSERY. |
| EXHIBIT P9 TRUE COPY OF REPLY DATED 25-06-2016 ISSUED BY THE 1ST RESPONDENT. |
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.A.TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.33682 of 2016
Dated this the 4th day of November, 2016
JUDGMENT
This writ petition is filed by the petitioner challenging
the election conducted to the 9th respondent, namely, Neduvannur High School Society in Kozhikode District. On going through the factual circumstances narrated in the writ petition, I am of the considered opinion that, this Court will not be in a position to unearth the details of the elections by invoking the writ jurisdiction under Article 226 of the Constitution of India.
Therefore, this writ petition is dismissed, however, leaving open the liberty of the petitioner to institute appropriate proceedings before any court of law and contest the election proceedings, accordingly.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/4/11/
P. Balan Nair
Deputy Director of Education, NeduvannaUR
District Registrar (General), Calicut
District Educational Officer, Thamarassery
O. M. Krishna Kumar
U. Ramachandran
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court