Dismissed

Akshara Shyju v. Kerala State Election Commission

Kerala HC3 Feb 2021WP(C)/2775/2021

Case brief

AI extract

What is this about?

Single judge of the Kerala High Court dismissed a writ petition challenging the election of a returned candidate in a panchayat ward, holding that the remedy lies in filing an Election Petition under Section 102 of the Kerala Panchayath Raj Act, 1994.

What did the court decide?

Writ petition dismissed without prejudice to the right to file an Election Petition under Section 102 of the Kerala Panchayath Raj Act, 1994.

Akshara Shyju Vs Kerala State Election Commission — Election Law | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

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WP(C).No.2775 OF 2021(V)

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PETITIONER/S:

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AKSHARA SHYJU,AGED 29 YEARS W/O.SHYJU.K.N., RESIDING AT KOSAKUZHY HOUSE, KOTTEKKAD, PALAKKAD, PIN-678 732.

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BY ADVS. SMT.A.V.INDIRA SHRI.GAJENDRA SINGH RAJPUROHIT SHRI.AKHIL GEORGE

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RESPONDENT/S:

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1 KERALA STATE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER HAVING ITS REGISTERED OFFICE AT JANAHITHAM, TC-27/6(2), VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

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2 RETURNING OFFICER (G-09080), MARUTHAROAD, GRAMAPANCHAYATH AND ASST.EXECUTIVE ENGINEER, PWD (BLDGS), CIVIL STATION, SULTHANPETTA, PALAKKAD, KERALA-678 001.

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3 KRISHNAKUMARI.R.,

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AGED 44 YEARS W/O.SIVARAJAN, RESIDING AT ATTRIPPE HOUSE, KALIPARA, KOTTEKKAD, PALAKKAD, PIN-678 732.

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OTHER PRESENT:

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SC: SRI.MURALI PURUSHOTHAMAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2775 OF 2021(V)

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JUDGMENT

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The petitioner has approached this Court seeking to impugn the election of the 3^rd respondent as the returned candidate in Ward No.1 of Marutharod Panchayat. Although various contentions are raised in the writ petition, in its challenge against Ext.P4 circular issued by the Kerala State Election Commission, I am of the view that the remedy of the petitioner lies in filing an Election Petition by invoking the provisions of Section 102 of the Kerala Panchayath Raj Act, 1994. The writ petition, seeking to set aside the election of the 3^rd respondent and also to quash Ext.P4 to the extent it either validates or invalidates the postal votes received after 8 AM on the date of voting, is not maintainable under Article 226 of the Constitution of India.

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The writ petition, therefore, fails and is accordingly dismissed without prejudice to the right of the petitioner to move an Election Petition.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.2775 OF 2021(V)

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APPENDIX

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PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE PHOTOSTAT COPY OF THE PETITIONER'S CANDIDATE ID CARD. EXHIBIT P2 A TRUE PHOTOSTAT COPY OF THE 2ND RESPONDENT'S WRITTEN REPLY. EXHIBIT P3 A TRUE PHOTOSTAT COPY OF THE RESULT SHEET. EXHIBIT P4 TRUE COPIES OF THE NOTIFICATION DATED 04.12.2020 ISSUED BY THE 1ST RESPONDENT.

Akshara Shyju v. Kerala State Election Commission

Case brief

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Akshara Shyju v. Kerala State Election Commission

Case brief

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