IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 28832 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. JOY JOSEPH, AGED 42 YEARS, S/O.JOSEPH, KIZHAKKARAKKATTU, PARAMBA P.O., KASARAGOD DISTRICT. 2. MAKKAKODAN PRAMOD, AGED 35 YEARS, S/O.M.KRISHNAN, MAKKAKODAN HOUSE, PARAMBA P.O., KASARAGOD DISTRICT. 3. SHAJI MATHEW, AGED 40 YEARS, S/O.MATHEW, PURATHEMUTHUKATTIL HOUSE, PLACHIKARA P.O., KASARAGOD DISTRICT. 4. M.ABOOBACKER, AGED 58 YEARS, S/O.K.MAMMI SHIB, PUTHENVEETIL, MOUKKOD, PERUMBATTA P.O., KASARAGOD DISTRICT. 5. JOHNY KURIYATHANAM, AGED 42 YEARS, S/O.JOSEPH, KURIYATHANAM HOUSE, PERUMBATTA P.O., KASARAGOD DISTRICT. BY ADV. SRI.T.R.RAVI SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S): --------------- 1. THE ELECTORAL REGISTRATION OFFICER, WEST-ELERI GRAMA PANCHAYATH, KASARAGOD DISTRICT - 671 121 (THE SECRETARY OF THE WEST-ELERI GRAMAPANCHAYATH) 2. THE STATE ELECTION COMMISSION, CORPORATION OFFICE BUILDINGS, LMS JUNCTION, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY - 695001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.28832 of 2010 ----------------------------------------- Dated this the 17th day of September, 2010 JUDGMENT Heard Sri.Jawahar Jose, learned counsel appearing for the petitioners and Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission. 2. The petitioners are residents of West Eleri Grama Panchayat in Kasargode Revenue District. It is stated that aggrieved by the inclusion of the names of ineligible voters in the electoral rolls relating to Ward Nos.5, 8, 9, 10, 15, 16, 17 and 18 they have filed separate applications under rule 25 of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994 before the first respondent, the Electoral Registration Officer of the West Eleri Grama Panchayat. The grievance voiced by the petitioners is that notwithstanding the fact that the applications were filed in time the first respondent has declined to take any decision on the said applications on the ground that he can take action only as and when instructions in that regard are received from the State Election Commission. W.P(C).No.28832 of 2010 -:2:- 3. The State Election Commission has filed a statement dated 16.9.2010. It is stated therein that the State Election Commission has directed the Electoral Registration Officer to entertain all individual statutory applications filed under the provisions of the Kerala Panchayat Raj Act and the Kerala Panchayat Raj (Registration of Electors) Rules, 1994, if the applications are in order and to take an appropriate decision in the matter in accordance with law. The statement filed by the learned standing counsel for the State Election Commission should dispel any apprehension which the petitioners entertain that the individual applications filed by them under the provisions of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994, to remove the names of ineligible voters from the electoral rolls relating to Ward Nos.5, 8, 9, 10, 15, 16, 17 and 18 will not be entertained and disposed of before the ensuing elections. 4. The learned counsel appearing for the petitioners submits that though it is not pleaded in the writ petition, the petitioners have an apprehension that the Electoral Registration Officer is not likely to go by the final delimitation order while revising the electoral roll pursuant to the applications submitted by the petitioners. I am afraid the said apprehension cannot be entertained. The electoral roll will certainly have to be in accordance with the boundaries of the Wards as W.P(C).No.28832 of 2010 -:3:- reflected in the final delimitation order. Therefore, the apprehension entertained by the petitioners appears to be misplaced. In such circumstances I dispose of the writ petition with a direction to the Electoral Registration Officer, West Eleri Grama Panchayat to enquire into the applications, if any, submitted by the petitioners and others under the provisions of the Kerala Panchayat Raj (Registration of Electors) Rules, 1994 for the deletion of the names of ineligible voters from the electoral rolls relating to Ward Nos.5, 8, 9, 10, 15, 16, 17 and 18 of West Eleri Grama Panchayat, if such applications are in order and to take an appropriate decision thereon after notice to the concerned voters expeditiously and in any event before the last date fixed for submission of nominations in the ensuing elections. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.28832 of 2010 ---------------------------- JUDGMENT 17th September, 2010