IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 14412 of 2005(N) -------------------------- PETITIONER(S): --------------- E. PADMAKSHAN, S/O. NARAYANAN NAIR, THAZHETHADATHIL VEEDU, PULLANKODE, CHOCKADU, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. . SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.NAVEEN.T SRI.T.G.SUNIL (PRANAVAM) SRI.C.X.ANTONY BENEDICT RESPONDENT(S): --------------- 1. THE CHIEF ELECTORAL OFFICER, KERALA STATE, THIRUVANANTHAPURAM. 2. THE ELECTORAL REGISTRATION OFFICER AND TAHSILDAR, NILAMBUR, MALAPPURAM DISTRICT. 3. P.V. ABDUL WAHAB, PEEVEES, NILAMBUR, MALAPPURAM DISTRICT. ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R3 SRI.T.RAMPRASAD UNNI FOR R3 GOVT. PLEADER SHRI.M.A.ASIF SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN. FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.8.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.14412 of 2005 ================== Dated this the 6th day of August, 2010 J U D G M E N T The petitioner is aggrieved by the inclusion of the name of the 3rd respondent in the voters' list prepared in 2004 on the ground that the 3rd respondent is not an ordinarily resident citizen of the constituency since he is doing business abroad. I do not think that this writ petition should be considered on merits at this point of time, since after 2004 at least twice the electoral roll has been revised. The question of inclusion of the 3rd respondent's name in the electoral roll needs to be considered only if the 3rd respondent's name is in the current voters' list. Therefore, without prejudice to the contentions of the petitioner and without prejudice to right of the petitioner to challenge the inclusion of the 3rd respondent in the current voters' list, if he is included in the current voters' list, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2