IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 33307 of 2010(K) -------------------------- PETITIONER(S): --------------- KUSUMA CHENAKODE,ALANKODE SADANA, CHENKODE,HIDAYATH NAGAR PO, KASARAGOD. BY ADV. SRI.V.C.JAMES RESPONDENT(S): --------------- 1. THE STATE ELECTION COMMISSIONER, THIRUVANANTHAPURAM,REP.BY ITS SECRETARY. 2. THE DISRICT COLLECTOR AND THE ELECTORAL REGISTRATION OFFICER, KASARAGOD. 3. THE RETURNING OFFICEDR, KASARAGOD BLOCK PANCHAYATH,KASARAGODE. 4. PUSHPALATHA, SOORLU, RD NAGAR PO, KASARAGODE. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33307 of 2010-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010. JUDGMENT This writ petition is filed by the petitioner seeking for a direction to the third respondent to consider the application for recounting and to order recounting of votes in Ward No.5 of Uliyathadukka Division of Kasaragod Block Panchayat. 2. The petitioner's contention is that even though the application was submitted duly, the Returning Officer failed to perform his statutory duty and no reply has also been given. It is therefore submitted that there is no rejection of the application and hence this Court can direct the Returning Officer to consider the application and to direct recounting. 3. Learned Standing Counsel for the Election Commission submitted that since the results of the election have been declared and the fifth respondent has been declared elected, the only remedy of the petitioner under the Kerala Panchayat Raj Act, is to file an Election Petition before the District Court under Section 88 (1)(b) of the Act. I find much force in the wpc 33307/2010 2 above submission. This writ petition is therefore not maintainable. Therefore, without prejudice tot he right of the petitioner to file an Election Petition, this writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/