IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 2182 of 2008(I) ------------------------- (O.P.9/05 ON THE FILE OF MUNSIFF'S COURT, KUTHUPARAMBA) PETITIONER: ------------ KOOVVATHOT VALSAMMA THOMAS @ VALSAMMA SOBY, W/O. BOBY THOMAS @ SOBY @ BOBY, ARALAM P.O., VELIMANAM, THALASSERY. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) RESPONDENT: ------------- KIZHAKKEPPADAVATH REENA JOY, W/O. JOY, ARALAM, P.O.VELIMANAM, THALASSERY. BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.2.2008, ALONG WITH W.P.(C).6187/08 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2182 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1- COPY OF JUDGMENT DATED 5.9.07 IN W.P.(C).2842/07 OF THE HIGH COURT OF KERALA EXT.P2- COPY OF JUDGMENT DATED 29.11.07 IN W.P.(C).NO.35227 OF 2007 OF THIS HONOURABLE COURT EXT.P3- COPY OF I.A.NO.2181/07 IN O.P.9/05 OF HONOURABLE MUNSIFF'S COURT, KUTHUPARAMBA EXT.P4- COPY OF ORDER DATED 4.1.08 IN -DO- (TRUE COPY) P.A TO JUDGE M.N.KRISHNAN, J. -------------------------- W.P.(C). Nos. 2182, 6187, 6188, 6189, 6190 OF 2008 --------------------- Dated this the 26th day of February, 2008 JUDGMENT These writ petitions relate to election petitions before the Munsiff court, Koothuparmba in Election OP Nos. 9,15,14,11 & 12 of 2005 respectively. Whenever an order in IA is passed, this court is having writ petitions and one of the questions to be considered in all these election petitions is with respect to the factum of double voting. It is true by my earlier decision, I had laid down that in a case where double voting is involved and a prayer is made for comparison of signatures in the ballot paper, the court has to undergo two stages prior to the factum of comparison. At the first stage it is held that the name of the person alleged to have exercised the vote should appear in voters list in two booths and secondly that prima facie the court must be satisfied about the identity of the persons. When these facts are established then necessarily the most important question to be decided is whether he had exercised his vote in two booths arise for consideration and evidence has to be let in for that purpose. Since casting of vote is in the process of democratic principles and as WPC Nos. 2182, 6187, 6188, 6189, 6190 OF 2008 2 utmost solemnity is attached to vote, it has been laid down in many decisions that a request for comparing the signature should not be allowed at the threshold itself. That is why it is held that only when the first two stages are prima facie established, it will reach the third stage. Here I have to underline the word prima facie satisfaction. It does not mean conclusive proof. In order to arrive at a third stage, the court should not have a casual approach and that is why the principles are directed to be followed. 2. Now, as far as the cases before me are concerned, the existence of names of these persons is there in two wards. Then the name also tallies in both the voters list. So identity is also prima facie established. Then the crucial question to be considered is whether they have exercised their right in casting the vote. So a stage has come where the court has to apply its mind and solemnity has to be preserved but not without comparing the signature or permitting the parties to adduce evidence in support of that contention. 3. Therefore, I direct the learned Munsiff to permit the marking of the counter foils and examine the party concerned confront him with the signature in all these cases and if any prayer is made for WPC Nos. 2182, 6187, 6188, 6189, 6190 OF 2008 3 comparison of signature, that may also be permitted in accordance with law and the matter shall be proceeded further. I hope that the preliminary ground litigation will not come up again to this court for further directions. I also make it clear that being an election matter endeavour shall be made to dispose it of at the earliest. The writ petitions are disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC Nos. 2182, 6187, 6188, 6189, 6190 OF 2008 4 WPC Nos. 2182, 6187, 6188, 6189, 6190 OF 2008 5