Allowed

Adv. Jose Varghese v. Kerala State Election Commissioner

Kerala HC9 Nov 2020WP(C)/17689/2020

Case brief

AI extract

What is this about?

The Court allowed multiple writ petitions challenging the reservation of local body seats. It directed respondents to allot reserved seats by rotation via draw of lots, excluding wards reserved twice consecutively in previous elections under the Constitution and Kerala Panchayat/Municipality Acts.

What did the court decide?

Petitioners succeeded; respondents directed to allot reserved seats by rotation via draw of lots, excluding wards reserved twice successively.

Adv. Jose Varghese Vs Kerala State Election Commissioner — Election Law | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942 WP(C).No.17689 OF 2020(I)

¶5

PETITIONER/S:

¶6

ADV. JOSE VARGHESE, AGED 53 YEARS, S/O VARKEY, KUDIYAT HOUSE, MALAYINKEEZHU, KOTHAMGNALAM, ERNAKULAM DISTRICT.

¶7

BY ADVS. SHRI. HRITHWIK D. NAMBOOTHIRI SHRI.ARJUN S BENEDICT

¶8

RESPONDENT/S:

¶9

1 KERALA STATE ELECTION COMMISSIONER, THIRUVANANTHAPURAM-695 001

¶10

2 ADDL.R2 KOTHAMANGALAM MUNICIPALITY, REPRESENTED BY IT'S SECRETARY, ALUVA-MUNNAR ROAD-S.H.16, KOTHAMANGALAM, KERALA-686666 (THE ADDL RESPONDENT NO.2 IS IMPLEADED AS PER ORDER DATED 09.11.2020 IN IA 2/2020).

¶11

R1 BY SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL R2 BY SRI.PEEYUS A. KOTTAM, STANDING COUNSEL SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶12

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶13

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶14

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶18

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶19

WP(C).No.21301 OF 2020(K)

¶20

PETITIONER/S:

¶21

SAMKUTTY AYYAKKAVIL, AGED 56 YEARS, S/O LATE A.S.ABRAHAM, AYYAKKAVIL HOUSE, VELLIYARA P.O., AYROOR, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN CODE-689 612.

¶22

BY ADVS. SRI.VISHAK.K.JOHNSON SRI.S.S.ARAVIND SRI.S.NITHIN (ANCHAL)

¶23

RESPONDENT/S:

¶24

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶25

2 THE SECRETARY, AYIROOR GRAMA PANCHAYATH, AYROOR NORTH P.O., AYIROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN CODE-689 612.

¶26

3 THE STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM KERALA-PIN CODE-695 033, REPRESENTED BY ITS SECRETARY.

¶27

4 AYIROOR GRAMA PANCHAYATH, AYROOR NORTH P.O., AYIROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN CODE 689 612.

¶28

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶29

¶30

5 ADDL R5. THE DISTRICT COLLECTOR 2ND FLOOR,COLLECTORATE,PATHANAMTHITTA DISTRICT,PIN CODE-689 645(THE ADDL RESPONDENT NO.5 IS IMPLEADED AS PER ORDER DATED 21.10.2020 IN IA 1/2020).

¶31

R3 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMMISSION, SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶32

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶33

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶34

¶35

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶36

PRESENT

¶37

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶38

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶39

WP(C).No.21941 OF 2020(P)

¶40

PETITIONER/S:

¶41

SHIHAB, AGED 47 YEARS, S/O SUBAIR, VARIKKODAN HOUSE, BIG BAZAR, DOWN HILL, MALAPPURAM DISTRICT.

¶42

BY ADVS. SRI.C.M.MOHAMMED IQUABAL SMT.ANJALI G.KRISHNAN SMT.N.S.SOUMYA MOL SRI.P.ABDUL NISHAD

¶43

RESPONDENT/S:

¶44

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶45

2 THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶46

3 KERALA STATE ELECTION COMMISSIONER, PALAYAM, THIRUVANANTHAPURAM, PIN-695 033.

¶47

4 THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, TAXI STAND BUILDING, PALAYAM, KOZHIKODE DISTRICT, PIN-673 004.

¶48

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶49

¶50

5 MALAPPURAM MUNICIPALITY, MALAPPURAM P.O., PIN-676 505, REPRESENTED BY ITS SECRETARY

¶51

R3 BY SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM R5 BY ADV.SRI.E.S.M.KABEER SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶52

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶53

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶54

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

¶57

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶58

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶59

WP(C).No.22309 OF 2020(K)

¶60

PETITIONER/S:

¶61

RAJEEV MANNALIL AGED 51 YEARS, S/O.RAJAN, MANNALIL HOUSE, VAVAKKADU, MOOTHAKUNNAM P O, ERNAKULAM DISTRICT, PIN - 683516.

¶62

BY ADVS. SMT.PREETHI. P.V. SRI.M.V.BALAGOPAL SRI.K.SUJAI SATHIAN

¶63

RESPONDENT/S:

¶64

1 THE DISTRICT COLLECTOR (DISTRICT ELECTION OFFICER) ERNAKULAM CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030.

¶65

2 THE STATE ELECTION COMMISSION CORPORATION OFFICE COMPLEX, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.

¶66

R2 BY SHRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM R1 BY SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶67

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶68

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶69

¶70

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶71

PRESENT

¶72

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶73

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶74

WP(C).No.22480 OF 2020(H)

¶75

PETITIONER/S:

¶76

M.V. ARAVINDAKSHAN, AGED 72 YEARS, S/O. VELUPILLAI, SREESAILAM, SP XVIII-327, MANAKKARA, SASTHAMCOTTA P.O., KUNNATHUR TALUK, KOLLAM-690521. BY ADVS. SRI.VINOY VARGHESE KALLUMOOTTILL KUM.A.V.AISWARYA

¶77

RESPONDENT/S:

¶78

1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶79

2 STATE ELECTION COMMISSION, REPRESENTED BY ITS CHIEF ELECTORAL OFFICER, KERALA CORPORATION OFFICE COMPLEX, LMX JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695033.

¶80

3 DIRECTOR OF PANCHAYATH, DIRECTORATE OF PANCHAYATH, NEAR KERALA PUBLIC SERVICE COMMISSION, HEAD OFFICE, PATTOM, THIRUVANANTHAPURAM-695004.

¶81

4 SASTHAMCOTTA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF SASTHAMCOTTA GRAMA PANCHAYATH, SASTHAMCOTTA P.O., KUNNATHUR, KOLLAM-690521.

¶82

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶83

¶84

R1&R2 BY SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶85

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22832/2020(D), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶86

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶87

¶88

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶89

PRESENT

¶90

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶91

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶92

WP(C).No.22832 OF 2020(D)

¶93

PETITIONER/S:

¶94

KRISHNAKUMAR T.V., AGED 35 YEARS, S/O.VIJAYAKUMAR, THEKKETHIL HOUSE, MYLAPRA TOWN P.O., PATHANAMTHITTA DISTRICT, PIN-689 671.

¶95

BY ADV. SRI.ARUN SAMUEL

¶96

RESPONDENT/S:

¶97

1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

¶98

2 THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 033.

¶99

3 THE DISTRICT COLLECTOR, 2ND FLOOR, COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA DISTRICT, PIN-689645.

¶100

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶101

¶102

4 THE MYLAPRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MAIN EASTERN HIGHWAY, MYLAPRA, PATHANAMTHITTA, PIN-689678

¶103

SRI.C.M.NAZAR, GOVERNMENT PLEADER SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL

¶104

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).23635/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶105

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶106

¶107

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶108

PRESENT

¶109

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶110

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942

¶111

WP(C).No.23635 OF 2020(D)

¶112

PETITIONER/S:

¶113

ABOOBACKER PULIYEKKAL, AGED 49 YEARS, S/O.HAMZA, PULIYEKKAL EDAVANNAPARA, CHERUVAYUR P.O., MALAPPURAM DISTRICT.

¶114

BY ADV. SRI.K.RAKESH

¶115

RESPONDENT/S:

¶116

1 THE STATE ELECTION COMMISSIONER, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM, PIN-695033.

¶117

2 THE DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, MALAPPURAM, MALAPPURAM DISTRICT, PIN-676505.

¶118

R1 BY SHRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMM R2 BY SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶119

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23745/2020(P), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶120

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶121

¶122

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶123

PRESENT

¶124

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶125

MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942 WP(C).No.23745 OF 2020(P)

¶126

PETITIONER/S:

¶127

P.S.SHANAVAS, AGED 40 YEARS, S/O. P A SULAIMAN, PALLATH HOUSE, SREEMOOLANAGARAM P.O., SREEBHOOTAPURAM, ALUVA-683 580.

¶128

BY ADVS. SRI.RAFEEK. V.K. SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.U.M.HASSAN SMT.P.PARVATHY SMT.SURYA P SHAJI SHRI.MANAS P HAMEED SMT.AATHIRA SUNNY

¶129

RESPONDENT/S:

¶130

1 KERALA STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, L.M.S PALAYAM, THIRUVANANTHAPURAM-695 033.

¶131

2 SREEMOOLANAGARAM PANCHAYATH, REPRESENTED BY ITS SECRETARY, SREEMOOLANAGARAM-683 580

¶132

3 DISTRICT COLLECTOR, ERNAKULAM, DISTRICT COLLECTORATE, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

¶133

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶134

¶135

R1 BY SRI.MURALI PURUSHOTHAMAN, STANDING COUNSEL R2 BY SRI.BABU KARUKAPADATH, STANDING COUNSEL R3 BY SRI.C.M.NAZAR, GOVERNMENT PLEADER

¶136

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2020, ALONG WITH WP(C).17689/2020(I), WP(C).21301/2020(K), WP(C).21941/2020(P), WP(C).22309/2020(K), WP(C).22480/2020(H), WP(C).22832/2020(D), WP(C).23635/2020(D), THE COURT ON 09-11-2020 DELIVERED THE FOLLOWING:

¶137

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶138

¶139

P.B.SURESH KUMAR, J.

¶140

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832,

¶141

23745 and 23635 of 2020

¶142

Dated this t he 9 th day of November, 2020

¶143

JUDGMENT

¶144

The question raised in these matters being identical, they are dispose d of by this common judgment.

¶145

The petitioners in these matters are challenging allocation of reserved seats to Ward No.2 of Kothamangalam Municipality, Ward No.11 of Ayiroor Grama Panchayat, Division No.24 of Malappuram Municipality, Ward No.13 of Paravur Block Panchayat, Ward No.18 of Sasthamcotta Grama Panchayat, Ward No.7 of Mylapra Grama Panchayat, Ward No.13 of Sree Moolanagaram Panchayat and Division No.4 of Kondotty Block Panchayat. P etitioners are persons either residing in those wards/divisions or intending to contest election to the local bodies concerned from general seats. The aforesaid wards/ divisions were reserved successively for one or other reserved categories in the electi ons to the local bodies held during 2010 and 2015. The said wards/divisions are reserved in the ensuing elections to the local bodies a lso for one or other reserved categories. According to the petitioners, having been successively reserved for two consecutive

¶146

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶147

¶148

elections, the said wards/ divisions cannot be reserved for any category in the ensuing election. The petitioners, therefore, seek appropriate directions in this regard in the writ petitions.

¶149

Heard the learned counsel for the petitioners and the learned Standing Counsel for the Election Commission.

¶150

The learned Standing Counsel for the Election Commission did not dispute the allegations made in the writ petitions that the wards/divisions concerned of the local bodies involved in the cases were reserved successively for one or other reserved categories in the elections held during 2010 and 2015. The learned Standing Counsel did not also dispute the fact that the said wards/divisions are reserved in the ensuing elections also for one or other reserved categories.

¶151

In the common judgment rendered by this court in W.P.(C) Nos.21038 and 21821 of 2020, it was held that reserving a seat successively beyond two occasions when the reserved seats could be distributed in such a fashion that no seat would go reserved more than twice successively is against the scheme of the relevant provisions of the Constitution and also the Kerala Panchayat Raj Act and the Kerala Municipality Act, and therefore, illegal and unsustainable. This court in the circumstances, directed the respondents concerned in the said writ petitions to undertake the exercise of allotment of reserved seats by rotation by draw of lots among the wards in the local bodies involved in the said cases, excluding the wards which were reserved twice successively. These being writ petitions instituted more or less on the

¶152

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶153

¶154

same time of institution of W.P.(C) Nos.21038 and 21821 of 2020, I am of the view that in the light of the said judgment, the petitioners are entitled to succeed.

¶155

In the result, the writ petitions are allowed and the respondents concerned are directed to undertake the exercise of allotment of reserved seats by rotation by draw of lots among the wards/divisions of the local bodies involved in these matters also, excluding the wards/divisions which were reserved twice successively.

¶156

Sd/-

¶157

P.B.SURESH KUMAR JUDGE

¶158

¶159

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶160

¶161

APPENDIX OF WP(C) 17689/2020

¶162

PETITIONER'S/S EXHIBITS:

¶163

EXHIBIT P1 THE TRUE COPY OF THE MASS REPRESENTATION SUBMITTED BEFORE THE ELECTION COMMISSIONER DATED 14.08.2020.

¶164

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT FOR GETTING THE DETAILS OF RESERVATION IN WARD NO.2 OF KOTHAMANGALAM MUNICIPALITY.

¶165

EXHIBIT P3 TRUE COPY OF THE ANSWER OBTAINED UNDER RIGHT TO INFORMATION FROM THE INFORMATION OFFICER.

¶166

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 1/10/2020 DECLARING THE 2ND WARD FOR RESERVED CATEGORY FOR 'WOMEN CANDIDATE'.

¶167

EXHIBIT P5 TRUE COPY OF THE STATEMENT SHOWING THE SCHEDULE OF RESERVATIONS IN THE 2010, 2015, AND 2020 ELECTION IS PRODUCED HEREWITH AND MAY BE MARKED.

¶168

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶169

¶170

APPENDIX OF WP(C) 21301/2020

¶171

PETITIONER'S/S EXHIBITS:

¶172

EXHIBIT P1

¶173

TRUE COPY OF GUIDELINES ISSUED BY THE 3RD RESPONDENT FOR THE RESERVATION CATEGORY FOR LOCAL SELF GOVERNMENT ELECTIONS 2020.

¶174

EXHIBIT P1(a) A TRUE COPY OF THE ALLOTMENT ORDER DATED 29.09.2020 ISSUED BY THE DISTRICT COLLECTOR PATHANAMTHITTA.

¶175

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ELECTION COMMISSION DATED 20.9.2020.

¶176

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶177

¶178

APPENDIX OF WP(C) 21941/2020

¶179

PETITIONER'S/S EXHIBITS:

¶180

EXHIBIT P1 THE TRUE COPY OF THE GUIDELINES FOR GENERAL ELECTION 2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.9.2020. EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WPC NO 20557/2020 OF THIS HON'BLE COURT DATED 8.10.2020. EXHIBIT P4 THE TRUE COPY OF THE LIST OF WARDS IN MALAPPURAM MUNICIPALITY. EXHIBIT P5 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 1.10.2020.

¶181

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶182

¶183

APPENDIX OF WP(C) 22309/2020

¶184

PETITIONER'S/S EXHIBITS:

¶185

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION OF THE ELECTION HELD TO THE PARAVUR BLOCK PANCHAYATH, DURING THE YEAR 2010 DATED 02.07.2010.

¶186

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION OF DISTRICT ELECTION OFFICER DATED 01.10.2015. EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 05.10.2020. EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 06.10.2020.

¶187

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶188

¶189

APPENDIX OF WP(C) 22480/2020

¶190

PETITIONER'S/S EXHIBITS:

¶191

EXHIBIT P1 TRUE COPY OF THE VOTER ID CARD OF THE PETITIONER.

¶192

EXHIBIT P2 TRUE COPY OF THE SCHEDULE SPECIFYING THE NATURE OF RESERVATION PROVIDED TO ALL THE WARDS IN SASTHAMCOTTA GRAMA PANCHAYATH FOR THE PERIOD FROM 2010 TO 2020.

¶193

EXHIBIT P3

¶194

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT.

¶195

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶196

¶197

APPENDIX OF WP(C) 22832/2020

¶198

PETITIONER'S/S EXHIBITS:

¶199

EXHIBIT P1	A TRUE COPY OF THE VOTERS' LIST DATED THE 4TH RESPONDENT	RELEVANT PAGES OF THE 16.06.2020 PUBLISHED BY .
EXHIBIT P2	A TRUE COPY OF THE BY THE 3RD RESPOND OF THE KERALA PANC THE 2010 ELECTION.	ORDER DATED NIL PASSED ENT UNDER SECTION 10 (2B) HAYAT RAJ ACT, 1994 FOR
EXHIBIT P3	A TRUE COPY OF THE PASSED BY THE 3RD 10 (2B) OF THE KER 1994 FOR THE 2015	ORDER DATED 26.09.2015 RESPONDENT UNDER SECTION ALA PANCHAYAT RAJ ACT, ELECTION.
EXHIBIT P4	A TRUE COPY OF THE PASSED BY THE 3RD 10(2B) OF THE KERA 1994 FOR THE 2020	ORDER DATED 28.09.2020 RESPONDENT UNDER SECTION LA PANCHAYAT RAJ ACT, ELECTION.
EXHIBIT P5	A TRUE COPY OF THE 2ND RESPONDENT AS THE LOCAL SELF GOV	GUIDELINES ISSUED BY THE REGARDS THE ELECTION TO ERNMENT INSTITUTIONS.
EXHIBIT P6	A TRUE COPY OF THE 07.10.2020 SUBMITT BEFORE THE 3RD RES	REPRESENTATION DATED ED BY THE PETITIONER PONDENT.
EXHIBIT P7	A TRUE COPY OF THE 07.10.2020 SUBMITT BEFORE THE 2ND RES	REPRESENTATION DATED ED BY THE PETITIONER PONDENT.
EXHIBIT P8	A TRUE COPY OF THE 22.10.2020 AS REGA	POSTAL RECEIPTS DATED RDS EXTS.P6 AND P7.
EXHIBIT P9	A TRUE COPY OF THE WARDS INCLUSIVE OF REGARDS THE 4TH RE	TABULAR LIST OF THE THE RESERVED WARDS AS SPONDENT FOR THE
	2010,2015 AND 2020	ELECTIONS DATED NIL

¶200

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶201

¶202

APPENDIX OF WP(C) 23635/2020

¶203

PETITIONER'S/S EXHIBITS:

¶204

EXHIBIT P1

¶205

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL.

¶206

W.P.(C). Nos.17689, 21301,21941, 22309, 22480, 22832, 23745 and 23635 of 2020

¶207

¶208

APPENDIX OF WP(C) 23745/2020

¶209

PETITIONER'S/S EXHIBITS:

¶210

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE GUIDELINES ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDERS OF ALLOTMENT OF THE PRECEEDING TWO ELECTIONS. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23.06.2020.

Adv. Jose Varghese v. Kerala State Election Commissioner

Case brief

What is this about?

What did the court decide?

Adv. Jose Varghese v. Kerala State Election Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Managing Director, M/S. Veeyem Distributors Private Limited Vs the State of Kerala

Mary Mathew Vs State of Kerala

Babu Poulose Vs the District Magistrate

Samkutty Ayyakkavil Vs the State of Kerala

Sajo Varghese Vs Vijayapuram Grama Panchayat

Shihab Vs State of Kerala