IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31313 of 2010(L) -------------------------- PETITIONER(S): --------------- K.FAISAL , S/O.LATE KUNHALIKUTTY, AGED 34 YEARS RESIDING AT RAJEENA MANZIL, NARAVOOR ROAD KOOTHUPARAMBA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- 1. THE DISTRICT ELECTION COMMISSIONER COLLECTORATE, KANNUR. 2. THE DISTRICT COLLECTOR KANNUR. 3. STATE ELECTION COMMISSIONER REP BY ITS SECRETARY O/O.THE STATE ELECTION COMMISSIONER THIRUVANANTHAPURAM. 4. THE MUNICIPAL SECRETARY KOOTHUPARAMBA. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R-3 BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 31313 of 2010 ------------------------------- Dated this the 12th day of October, 2010 J U D G M E N T The petitioner is a resident of Ward No.22 of Koothuparamba Municipality. The final electoral roll in realtion to that Ward was published way back on 16.8.2010, as evidenced by Ext.P1. It discloses that the polling station of Ward No.22, Naravoor Constituency of Koothuparamba Municipality is Naravoor Anganwadi. Long after Ext.P1 final electoral roll was published, the petitioner submitted Ext.P3 representation dated 24.9.2010 to the District Collector requesting him to shift the polling station from Naravoor Anganwadi to B.E.M.U.P. School, which according to the petitioner was the polling station in the last elections held in the year 2005 and also for elections to the Lok Sabha held in the year 2009. 2. The elections to the Koothuparamba Municipality will be held on 23.10.2010, i.e., within another 10 days from today. The election schedule was notified by the Kerala State Election Commission on 27.9.2010. At this stage, it would not be just and proper for this Court to direct the District Collector of the State Election Commission to consider the request for a change of the polling station. In view of the recitals in Ext.P1, the petitioner should be deemed to have been W.P.(C) No.31313 of 2010 2 aware of the fact that polling station for Ward No.22 of Koothuparamba Municipality was Naravoor Anganwadi and not B.E.M.U.P. School. The petitioner ought to have challenged the choice of the polling station, if at all he was desirous of changing the choice, immediately after the electoral roll was published. At this belated stage, no relief can be granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. nj.