IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 31557 of 2010(T) -------------------------------------- PETITIONER: ------------------- K.K.RAGHAVAN, S/O.KRISHNAN, KADATHUKADAVIL, VELLATHOOVAL, IDUKKI. BY ADVS. SRI.G.HARIHARAN, SRI. PRAVEEN HARIHARAN. RESPONDENTS: ------------------------ 1. THE RETURNING OFFICER, G-4, VELLATHOOVAL GRAMAPANCHAYATH, IDUKKI DISTRICT – 685 602. 2. THE SECRETARY, (ASSISTANT RETURNING OFFICER), G-04 VELLATHOOVAL GRAMA PANCHAYATH, IDUKKI DISTRICT – 685 602. 3. STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, PALAYAM, THIRUVANANTHAPURAM- 695 033. R3 BY ADV. SRI.MURALI PURUSHOTHAMAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.31557 Of 2010 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner filed his nomination paper in the ensuing Grama Panchayat Election from Ward No.12 of Vellathooval Grama Panchayat in Idukki District. The 1st respondent is the Returning Officer, who rejected the nomination, after scrutiny. 2. The reliefs sought for in the Writ Petition are the following: (i) declare that the rejection of nomination paper of the petitioner as per the endorsement in Exhibit P2 is patently illegal and hence unsustainable. (ii) call for the records relating to the rejection of nomination paper as per endorsement in Exhibit P2 and quash the same by the issuance of a writ of certiorari. (iii) issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to accept the nomination of the petitioner if it is otherwise found in order and permit the petitioner to contest in the election notified in Exhibit P1 for Ward No.12 of Vellathooval Grama W.P.(C)No.31557/10 -2- Panchayat in Idukki District. 3. Evidently, in the light of the bar under Article 243 O(a) and O(b) of the Constitution of India, this Court will not be justified in entertaining the Writ Petition. Article 243 O(b) reads thus: 243.O-Bar to interference by courts in electoral matters.-Notwithstanding in this Constitution- (a) xxxxxxx xxxxxx xxxxxx (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the Legislature of a State. In the light of the bar of jurisdiction of this Court to entertain the election proceedings under Article 243 O(b), the petitioner will have to file an election petition after the election is over before the appropriate Munsiff's Court. Leaving open the said remedy, the Writ Petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. dsn