IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32503 of 2010() ------------------------- PETITIONER: --------------- DIVYA K.O., DAUGHTER OF K.K.OMANAKUTTAN, KAIPADAPARAMBIL VEEDU, PERINGARAKAZHA, HMT COLONY (PO), KALAMASSERY, PIN 683503. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI SRI.G.ARUN GOPAN RESPONDENTS: --------------- 1. MUNICIPAL COUNCIL, KALAMASSERY MUNICIPALITY, REP. BY ITS SECRETARY, PIN 382 033. 2. ELECTORAL REGISTRATION OFFICER, KALAMASSERRY MUNICIPALITY, KALAMASSERY, PIN 382 033. 3. RETURNING OFFICER FOR KALAMASSERRY MUNICIPAL ELECTION, KALAMASSERY, PIN 382 033. BY SRI. M.K.ABOOBACKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32503 OF 2010 -------------------------- Dated this the 22nd day of October, 2010 J U D G M E N T The petitioner who claims to be ordinarily resident within the local limits of Ward No.10 of Kalamasserry Municipality has filed this writ petition challenging the deletion of her name from the electoral roll. It is contended that petitioner's name was deleted without notice to her, on an application filed by a third party and therefore, the order deleting her name from the voters list is liable to be set aside and she is entitled to have her name included in the final electoral roll. 2. The petitioner has not given the date on which the final electoral roll was published. The elections to the Kalamasserry Municipality are scheduled to be held on 25.10.2010. In such circumstances, I am of the opinion that at this stage this Court cannot direct the inclusion of the name of the petitioner in the final voters list. The remedy of the petitioner, if she is aggrieved by the deletion of her name from the final electoral WPC No.32503/2010 2 roll, is to file an application in accordance with the provisions of the Kerala Municipality Registration of Elector Rules for inclusion of her name in the electoral roll. Without prejudice to that right, this writ petition is dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.32503/2010 3 WPC No.32503/2010 4