The Kerala High Court dismissed a writ appeal challenging an order finding writ petitions challenging election nominations unmaintainable. The bench held that since elections were over and representatives had assumed office, no interference was warranted.
Writ appeal dismissed; no interference with impugned judgment allowing original petitions.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WA.No.166 OF 2021
AGAINST THE JUDGMENT IN WP(C)25768/2020(U) OF HIGH COURT OF KERALA DATED 18.12.2020
APPELLANT/PETITIONER:
VINOD, AGED 36 YEARS, S/O.THE LATE K.N. KRISHNAN KUTTY, BINDU BHAVAN, KUTTAMANGALAM P.O. KAINAKARI, ALAPPUZHA 688 501.
BY ADVS. SRI.C.S.MANU SRI.C.A.ANUPAMAN SRI.T.B.SIVAPRASAD SRI.C.Y.VIJAY KUMAR SMT.MANJU E.R.
RESPONDENTS/RESPONDENTS:
1 RETURNING OFFICER G-28, KAINAKARI GRAMA PANCHAYAT, ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, MANKOMBU P.O., ALAPPUZHA 688 505.
3 STATE ELECTION COMMISSIONER, KERALA STATE ELECTION COMMISSION, VIKAS BHAVAN. P.O. , THIRUVANANTHAPURAM 695 033.
W.A.166/2021
2
4 K.A PRAMOD S/O ANANDAN, KUPPICHERRY CHIRA, KUTTAMANGALAM P.O., KAINAKARI, ALAPPUZHA -988 501.
SRI.ARAVIND KUMAR BABU, SR. GP FOR R1 & 2. SRI. MURALI PURUSHOTHAMAN, SC FOR K.S.E.COMM. SRI.M.SASINDRAN FOR R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.166/2021
3
JUDGMENT
Dated this the 21st day of January, 2021
S. Manikumar, CJ.
Challenging rejection of nomination for election to Kainakari Grama Panchayat, writ petitions have been filed.
W.A.166/2021
4
that could be to restored is to upheld the candidature of the appellant. As elections are already over and elected representatives assumed respective offices, the only course open to the appellant is to challenge the election, if he so decides. There is no error in the finding, warranting interference. Writ appeal is dismissed.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
sou.
2 issues framed by the court
Whether the High Court erred in dismissing the writ petitions challenging rejection of election nominations as not maintainable.
Whether the Writ Appeal challenging the dismissal of the writ petitions should be allowed despite the election having concluded.
Colour shows how this judgement treated each authority
Mohinder Singh Gill and Another v. The Chief Election Commissioner, New DelhiReferred¶27
Mohinder Singh Gill and Another v. The Chief Election Commissioner, New Delhi [AIR 1978 SC 851] · Who else cites this
Manda Jaganath v. K.S. Rathnam and OthersReferred¶27
Manda Jaganath v. K.S. Rathnam and Others [AIR 2004 SC 3600] · Who else cites this
Election Commission of India v. Ashok KumarReferred¶27
Election Commission of India v. Ashok Kumar [(2000) 8 SCC 216] · Who else cites this
N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem DistrictReferred¶27
N.P. Ponnuswami v. Returning Officer, Namakkal Constituency, Namakkal, Salem District [AIR 1952 SC 64] · Who else cites this
Vinod
K.A Pramod
State Election Commissioner, Kerala State Election Commission
Returning Officer G-28, Kainakari Grama Panchayat
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
