IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 23132 of 2010(N) -------------------------- PETITIONER: --------------- M.S.PRAKASH, AGED 42 YEARS, S/O.M.K.SREEDHARAN, MURUPPELTHEKKETHIL, THENGUNKAVU.P.O., PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. KERALA STATE ELECTION COMMISSIONER, OFFICE OF THE STATE ELECTION COMMISSION, LMS JUNCTION, THIRUVANANTHAPURAM-695 033. 2. STATE OF KERALA, REPRESETNED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 GOVT.PLEADER SMT.K.R.DEEPA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.23132 of 2010 N ----------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2010 JUDGMENT This is a case where the petitioner is aggrieved by the proceedings disqualifying the petitioner from contesting the election for a period of five years for not giving details of the expenditure in connection with the last election. Exhibit P1 is the order of the Commission. 2. It is mainly contended that the petitioner did not receive any notice and therefore, he cannot contest the proceedings. It is also his case that the he had lodged the account of election. 3. The 1st respondent has filed a statement explaining various aspects. It is pointed out in paragraph No.5 that there were six candidates in the election to Ward No.6 of Pramadam Grama Panchayat held on 27.9.2005. The petitioner and another candidate by name Shri Pramod Kumar M.S did not submit their account of election either within the stipulated time or thereafter. This is reported by the Secretary of the Block Panchayat as per Annexure A. The Election Commission issued show cause notice W.P.(C)No.23132/10 -2- Annexure B which was received by the petitioner on 4.4.2006 and Annexure C is the acknowledgment card evidencing the receipt of the same. This was not responded to by the petitioner also. 4. The petitioner has filed a reply affidavit contending that he had gone to Gujarat on 22.10.2005 and returned only on 14.11.2008. Thereafter, he contested election to the Managing Committee of the Elakalloor Service Co-operative Bank on 22.2.2009 and won. He is the President of the Society. According to him, he has not signed the acknowledgment card produced as Annexure C. 5. Seeking for a reconsideration of the matter, the petitioner has filed Exhibit P2 representation. 6. The learned counsel for the petitioner raised a contention that actually there has occurred a mistake with regard to the service of the show cause notice. The petitioner was not served with the same and somebody else has signed the acknowledgment card. It is therefore contended that as a public authority, Election Commission has got power to correct the mistake and to reconsider the matter as requested for by the petitioner. W.P.(C)No.23132/10 -3- 7. There will be a direction to the Election Commission to consider Exhibit P2 in accordance with law and pass appropriate orders within a period of three weeks from the date of receipt of a copy of this judgment. The contentions raised by the petitioner herein are left open. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A. to judge