IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 10482 of 2011() ------------------------ PETITIONER: ------------------ PRAHLADAN, S/O.SREEDHARAN, VALLIVILAYIL, PATHARAM.P.O, SOORANAD SOUTH, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ----------------------- 1. THE ELECTION COMMISSION OF INDIA, REPRESENTED BY THE CHIEF ELECTION COMMISSIONER, NEW DELHI-110 004. 2. THE RETURNING OFFICER,127-VARKALA LAC, (THE ASSISTANT SECRETARY (SURVEY),DIRECTORATE OF SURVEY AND LAND RECORDS,VAZHUTHACAUD, THIRUVANANTHAPURAM,PIN-695014). R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.10482 OF 2011 -------------------------------- Dated this the 31st day of March 2011 JUDGMENT The petitioner is stated as aggrieved of the rejection of nomination paper preferred by him in connection with the Election proposed to be held on 13-04-2011. The registry has noted a defect referring to the law declared by the Apex Court in “Election Commission of India v Ashok Kumar and Others” (2008(8) SCC 216) holding that no such proceeding is liable to be entertained by the High Court under Article 226 of the Constitution of India once the machinery is self in motion. 2. Going by the facts and figures, it is the admitted case of the petitioner that, there was some defect in the nomination paper, which according to the petitioner is not of substantial in character. But, whether the reason offered for the rejection of the nomination is correct or not, whether the gravity of the defect is substantial or not etc. have to be analysed by the competent Court in an 'Election Petition' to be filed by the petitioner, if aggrieved. 3. In the said circumstances, the defect noted is sustained and the Writ Petition is dismissed. Registry is directed to assign appropriate number to the proceedings, so as to identify the same. P.R.RAMACHANDRA MENON, JUDGE vdv