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. 33039 of 2010(D) -------------------------------------- PETITIONER(S): ---------------------- SABITHA BEEGUM, ADVOCATE, VISHNATHUKAVU NAGAR NO.44, THIRUMULLAVAROM, KOLLAM-12. BY ADV. DR.K.P.SATHEESAN, SRI.K.K. GOPINATHAN NAIR, SRI.M.R. JAYAPRASAD, SRI.P. MOHANDAS (EKM) SRI.MATHEW SUNNY, SRI.ANOOP V.NAIR. RESPONDENT(S): -------------------------- 1. THE CHIEF ELECTION COMMISSIONER, STATE OF KERALA, THIRUVANANTHAPURAM-1. 2. THE DISTRICT COLLECTOR, KOLLAM CIVIL STATION, KOLLAM-1, (CHIEF ELECTORAL OFFICER, KOLLAM CORPORATION). 3. THE RETURNING OFFICER, KOLLAM CORPORATION (GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOLLAM-1). 4. MAYA GOPIKRISHNAN, KOUSTHUBHAM, KUREEPUZHA, KAVANAD P.O, KOLLAM-3. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. R2 BY GOVT. 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: rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33039/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner was a candidate contesting the election in one of the wards in Kollam Corporation which was held on 23/10/2010. The counting of the votes took place on 27/10/2010. The fourth respondent was declared elected after obtaining a total number of 1430 votes. The petitioner secured a total number of 1421 votes. 2. Mainly it is contended that the application for a recount was not properly considered and was finally rejected without going into the merits of the allegation, by the Returning Officer. 3. Heard the learned Standing Counsel for the Election Commission. The provision for recount of votes is provided in Rule 51 of the Kerala Municipality (Conduct of Election) Rules, 1995. Evidently after rejection of the application, the only remedy of the petitioner is to raise a dispute in an election petition before appropriate Court as provided under Section 163 of the Kerala Municipality Act, 1994. Without prejudice to the right of the petitioner to avail of the remedy under the Statute, this writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms