IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 27363 of 2010(U) -------------------------- PETITIONER(S): --------------- N.V.DINESHAN, AGED 42 YEARS, S/O. VELAYUDHAN, MUDIRAVALAPPU PARAMBA, KANNANCHERRY, KALLAYI.P.O., KOZHIKODE-3. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA SRI.ARUN KRISHNA DHAN RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSIONER, REPRESENTED BY THE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE DELIMITATION COMMISSION, REPRESENTED BY THE CHAIRMAN, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOZHIKODE. 4. ELECTORAL REGISTRATION OFFICER, CORPORATION OF CALICUT, KOZHIKODE. 5. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, KOZHIKODE. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, FOR R1 AND R2 BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.27363 of 2010 ------------------------------- Dated this the 8th day of September, 2010 J U D G M E N T The petitioner who is a resident of Ward No.38 (Meenchanda constituency) of Kozhikode Corporation has filed this writ petition challenging Ext.P3 voters list, as per which 1293 voters whose names were deleted from the voters list of Ward No.39 (Thiruvannur constituency) were included in the voters list of Ward No.38. The main ground raised in the writ petition is that as a result of the addition of the aforesaid voters in Ward No.38, an imbalance is created. 2. In other words, though the challenge appears to be to the voters list, the real challenge is against the Delimitation exercise carried out by the State Delimitation Commission which led to the increase in the number of voters in Ward No.38 and proportionate reduction in the number of voters in Ward No.39. In my opinion, the petitioner, who cannot directly challenge the Delimitation order, cannot seek to unsettle it by challenging the voters list. The petitioner has no case that the voters whose names are included in Ext.P3 are not ordinarily residing in Ward No.38. Further, even if some among them are ineligible to be included in the voters list, the remedy of the W.P.(C) No.27363 of 2010 2 petitioner is to file separate application in Form No.8 prescribed in Rule 25 of the Kerala Municipality (Registration of Electors) Rules, 1994 before the Electoral Registration Officer. 3. The State Election Commission has filed a statement through the standing counsel wherein also such a stand has been taken. In fact, the State Election Commission has brought to the notice of this Court that the petitioner can file such an application seven days before the last date for submission of nomination in the ensuing election. In such circumstances, I am of the opinion that the reliefs prayed for by the petitioner cannot be granted. The writ petition fails and it is accordingly dismissed, without prejudice to the right of the petitioner for deletion of voters from the list, if grounds exist therefore, under the provisions of Kerala Municipality (Registration of Electors) Rules, 1994. P.N.RAVINDRAN, Judge. nj.