IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 31555 of 2010(T) -------------------------- PETITIONER: --------------- AJO THOMAS, KACHIRA PUTHENVEEDU, OONNUKKAL P.O., CHENNEERKKARA VILLAGE, CHENNEERKKARA PANCHAYATH, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.P.SHYAMA RESPONDENT: --------------- 1. STATE ELECTION COMMISSION REPRESENTED BY CHIEF ELECTION COMMISSIONER, OFFICE OF ELECTION COMMISSION, THIRUVANANTHAPURAM, PIN 695 001. 2. ELECTORAL OFFICER, CHENNEERKKARA GRAMA PANCHAYATH, KOZHENCHERRY TALUK, PATHANAMTHITTA,PIN 689 654.. 3. CHENNEERKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF CHENNEERKKARA GRAMA PANCHAYATH, CHENNEERKKARA P.O., KOZHENCHERRY, PATHANAMTHITTA ,PIN 689 654. BY STANDING COUNSEL SHRI MURALI PURUSHOTHAMAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.31555 Of 2010 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner filed his nomination paper in the ensuing Grama Panchayat Election from Ward No.7(Valuthara Ward) in Chenneerkkara Grama Panchayat in Kozhencherry Taluk. The second respondent is the Electoral Officer, who rejected the nomination, after scrutiny. 2. The reliefs sought for in the Writ Petition are the following: (i) call for the records relating to Exhibits P1 to P4 and issue a writ of certiorari to quash Exhibit P1 order passed by the second respondent and to direct the 1st and 2nd respondents to accept the nomination of the petitioner and permit him to contest in the elections to be held on 23.10.2010. (ii) to issue a writ or appropriate direction to the 1st respondent to take urgent decision on Exhibit P4 petition submitted by the petitioner and issue appropriate orders. W.P.(C)No.31555/10 -2- 3. Evidently, in the light of the bar under Article 243 O(a) and O(b) of the Constitution of India, this Court will not be justified in entertaining the Writ Petition. Article 243 O(b) reads thus: 243.O-Bar to interference by courts in electoral matters.-Notwithstanding in this Constitution- (a) xxxxxxx xxxxxx xxxxxx (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State. In the light of the bar of jurisdiction of this Court to entertain the election proceedings under Article 243 O(b), the petitioner will have to file an election petition after the election is over before the appropriate Munsiff's Court. Leaving open the said remedy, the Writ Petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn