Petitioner challenged State Election Commission's refusal to print Tamil ballot papers in all Tamil-speaking areas. Court held it was inappropriate to interfere before elections pending the next cycle.
Permitted the petitioner to file a representation for consideration in the next election cycle.
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 P.B.SURESH KUMAR
THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942
WP(C).No.25932 OF 2020(N)
PETITIONER:
M.PECHIMUTHU, AGED 73 YEARS GENERAL SECRETARY,KERALA STATE TAMIL PROTECTION COUNCIL,RESIDING AT 1/403, KARPAKA ILLAM,KARUVAPPARA,KOZHINJAMPARA, PALAKKAD DISTRICT-678555.
BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA
RESPONDENTS:
1 STATE ELECTION COMMISSIONER KERALA 'JANAHITHAM',TC-27/6(2), VIKAS BHAVAN.P.O,THIRUVANANTHAPURAM-695033, REPRESENTED BY HIS SECRETARY.
OTHER PRESENT:
SC. MURALI PURUSHOTHAMAN, SPL GP. C.M.NAZAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner is the General Secretary of an organization called Kerala State Tamil Minorities Safeguards. With a view to protect the interests of the linguistic minorities in the State, in terms of Ext.P4, the Government has ordered that in all local areas where 20% or more of the population speak a language different from Malayalam, electoral rolls, ballot papers etc shall be published in the minority language as well. Ext.P4 order was later modified by the Government to the effect that the directions in Ext.P4 shall be given effect to in areas where 15% or more of the population speak a language different from Malayalam. Ext.P5 is the order issued by the Government specifying the list of local areas in the State where 15% or more of the population speak Tamil
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according to the 1961 census. It is stated by the petitioner that in the light of Ext.P4 order, ballot papers were being printe d in the local areas where 15% or more of the population speak Tamil language as well. The case set out by the petitioner in the writ petition is that in the light of the aforesaid practice, the petitioner expected the ballot papers of the ensuing election to be printed in Tamil as well in all the local areas in the State where 15% or more of the population speak Tamil as per the latest census. It is alleged by the petitioner that the State Election Commission has, however, issued directions for printing ballot papers in Tamil language on ly in a limited number of wards of the Panchayats and divisions of the Municipalities in the Palakkad District where more than 15% of the population speak Tamil. The petitioner has, therefore, preferre d Ext.P2 repre sentation on 17.11.2020 requesting the District Election Officer, Palakkad to take necessary steps for printing the ballot papers in all wards of the Panchayats and divisions of the Municipalities in the District where more than
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15% of the people speak Tamil, in Tamil language as well. The writ petition is filed thereafter, seeking direction to the second respondent to consider Ext.P2 request.
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Panchayats and the divisions of the Municipalities in Tamil language for the ensuing election. It was also submitted by the learned Standing Counsel that if the petitioner prefers appropriate representation before the next election, the same would certainly be considered favorably by the State Election Commission.
In the light of the submissions made by the learned Standing Counsel for the State Election Commission, it may not be appropriate for this court to issue directions to the respondents concerned to redress the grievance of the petitioner before the ensuing election. The writ petition, in the circumstances, is disposed of permitting the petitioner to file a representation seeking the relief claimed in the writ petition pointing out the particulars of the wards of the Panchayats and divisions of the Municipalities in the State where more than 15% population speak Tamil. Needless to say that if such a representation is preferred by the petitioner well in advance of the next election, the same shall be considered by the State
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Election Commission in the context of the forthcoming elections.
Sd/P.B.SURESH KUMAR JUDGE
ds 07.12.2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 08.10.2018 ISSUED BY THE 2ND RESPONDENT NOMINATING THE PETITIONER ALSO AS A MEMBER OF THE TAMIL LINGUISTIC MINORITY, DISTRICT COMMITTEE.
EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 17.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PAPER REPORT DATED 19.11.2020 IN THE NEW INDIAN EXPRESS,KOCHI EDITION.
EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.G.O.MS NO.758/EDN.DATED 26.12.1961 ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA DATED 21.03.1996.
EXHIBIT P6 TRUE COPY OF THE PRESS NOTE DATED 20.11.2020 ISSUED BY THE 2ND RESPONDENT THROUGH THE PALAKKAD EDITION OF MALAYALA MANORAMA.
EXHIBIT P7 TRUE COPY OF THE DETAILED LIST OF VARIOUS PANCHAYATS AND MUNICIPALITES IN PALAKKAD DISTRICT WHICH ARE INCLUDED IN EXHIBIT.P5 NOTIFICATION AND NOT INCLUDED IN EXHIBIT.P6 PRESS NOTE.
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EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE AREAS INCLUDED IN CHITTUR TALUK AND CHITTUR MUNICIPALITY BY THE 1ST RESPONDENT ON 16.11.2020
EXHIBIT P9 TRUE COPY OF THE NOTIFICATION DATED 16.11.2020 ISSUED BY THE 1ST RESPONDENT RELATING TO PALAKKAD AND CHITTUR THATHAMANGALAM MUNICIPALITIES EXHIBIT P10 TRUE COPY OF THE INFORMATION DATED 30.4.2013 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYAT, PALAKKAD
1 issue framed by the court
Whether directions should be issued to print ballot papers in Tamil in all areas exceeding 15% Tamil population before the ensuing election.
M.Pechimuthu
State Election Commissioner, Kerala
District Collector, Palakkad
State of Kerala
Tahsildar, Chittur, Palakkad
Tahsildar, Palakkad
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
