IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 31701 of 2010() ------------------------- PETITIONER(S): --------------- 1. SHAMSUDEEN , AGED 33YEARS, S/O.ABOOBACKER, R/AT 10/442-A KADIKAL HOUSE,KUSHAL NAGAR,P.O.KANHANGAD, KASARAGOD DISTRICT. 2. SHAHUL HAMEED, AGED 48 YEARS, S/O.ABOOBACKER, R/AT 10/442-A KADIKAL HOUSE,KUSHAL NAGAR,P.O.KANHANGAD, KASARAGOD DISTRICT. 3. SUHARA, AGED 35 YEARS, R/AT.10/442-A KADIKAL HOUSE,KUSHAL NAGAR,P.O.KANHANGAD, KASARAGOD DISTRICT. 4. SALEENA.K.,AGED 30 YEARS, R/AT.10/442-A KADIKAL HOUSE,KUSHAL NAGAR,P.O.KANHANGAD, KASARAGOD DISTRICT 5. SAMEERA K., AGED 25 YEARS,S/O.ABOOBACKER,A/AT.10/442-A KADIKAL HOUSE,KUSHAL NAGAR,P.O.KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. ELECTRAL REGISTRATION OFFICER, KANHANGAD MUNICIPALITY KANHANGAD,PIN-671315 2. DISTRICT ELECTION OFFICER, KASARAGOD DISTRICT-PIN-671311 3. THE ELECTION COMMISSINER STATE ELECTION COMMISSIONER'S OFFICE, THIRUVANATHAPURAM PIN-695001 4. THE KANHANGAD MUNICIPALITY REPRESENTED BYITS SECRETARY, KANHANGAD,PIN-671315 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 BY GOVT. PLEADER SRI.K.RAMESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.31701 of 2010 ------------------------------- Dated this the 21st day of October, 2010 J U D G M E N T The petitioners, who claim to be ordinarily residing in Ward No.41 of Kanhangad Municipality have filed this writ petition challenging the deletion of their names from the electoral roll relating to that ward. It is also stated that the nomination submitted by the first petitioner to contest as a candidate from Ward No.41 was rejected by Ext.P4 order dated 5.10.2010, on the short ground that he is not a voter of Kanhangad Municipality. The elections to the local bodies were notified by the State Government on 27.9.2010. The election schedule was also notified on the very same date. As per the election schedule notified by the State Election Commission, the last date for submission of nominations was 4.10.2010, the date fixed for scrutiny was 5.10.2010 and the last date stipulated for withdrawal of nominations was 7.10.2010. It is only thereafter, i.e., on 13.10.2010, that the petitioners have come to this Court complaining about the deletion of their names from the voters list. 2. The learned standing counsel appearing for respondents 1 and 2 has filed a statement dated 19.10.2010 to the effect that on the application submitted by an elector, after enquiry, the names of the petitioners were deleted from the electoral roll of W.P.(C) No.31701 of 2010 2 Ward No.41 of Kanhangad Municipality on the ground that they are not ordinarily residing in that ward. 3. In such circumstances, as the last date for nominations had expired and the election is to take place on 23.10.2010, I am of the opinion that it will not be just or proper for this Court to interfere with Ext.P5 at this stage. The writ petition is accordingly dismissed without prejudice to the right of the first petitioner to challenge the election of the returned candidate and reserving liberty with the petitioners to challenge the deletion of their names from the voters list in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.