IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33797 of 2010(Y) ----------------------- PETITIONER : --------------- T.V.JOSEPH, THEKKUMTHALACKAL, NETHAJI NAGAR, KOCHI-682 020. BY ADVS. SRI.V.C.JAMES SRI.JOHN JOSEPH RESPONDENT(S): ------------------------- 1. THE RETURNING OFFICER (DISTRICT PLANNING OFFICER), WARD NO.54 AND WARD NO.64, KOCHI CORPORATION, COLLECTORATE, ERNAKULAM-682 028. 2. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, pin-695001 REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI. V. MANU R2 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC, K.S.E.COMMISSION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J ---------------------------- W.P.(C).NO.33797 OF 2010 ----------------------------------- Dated this the 9th day of November, 2010 JUDGMENT The petitioner, a voter residing in Ward No.54 of Cochin Corporation has filed this writ petition challenging Ext.P2 letter sent by the Returning Officer informing him that his request for marked copies of the electoral roll cannot be granted. The petitioner also seeks a direction to the respondents to issue certified copies of the marked copies of the electoral roll of ward No.54 to him. The 2nd respondent, Kerala State Election Commission has filed a counter statement. Paragraph 3,4 and 5 thereof read as follows: 3. Rule 55 of the Kerala Municipality (Conduct of Election) Rules, 1995 reads as follows: “55. Custody of ballot boxes and other papers - (1) All ballot boxes used at an election shall be kept in such custody as the State Election Commission may direct (2) The District Election officer shall keep in safe custody the packets of used ballot papers whether valid, rejected, cancelled or tendered, packets of unused ballot papers, packets of marked copy of the electoral roll under clauses(c) and (d) of sub-rule (2) of Rule 34 and all other records relating to election and such packets shall not be opened and their contents shall not be inspected or produced before any person or authority except under the order of a competent court and shall arrange to destroy them after one year from the date of declaration or result, with the approval of State Election Commission, unless there is court order to W.P.(C).NO.33797 OF 2010 2 the contrary”. 4. A competent Court referred to in Rule 55 (2) is the Court competent to try Election Petitions and referred to in Section 164. 5. The marked copy of the electoral roll can be directed to be produced by the Court trying the election Petition under Order XI Rule 14 of the Code of Civil Procedure after due examination of expediency, justness and relevancy of the records in relation to the trial of the Election Petition. Section 164 of the Kerala Municipality Act 1994 stipulates that the court having jurisdiction to try an election petition shall be the Munsiff's Court having jurisdiction over the place in which the office of the Municipality is located. Rule 55 of the Kerala Municipality (Conduct of Election) Rules, 1995 stipulates that the District Election Officer shall keep in safe custody, the packets of used ballot papers whether valid, rejected, cancelled or tendered, packets of unused ballot papers, packets of marked copy of the electoral roll under clauses(c) and (d) of sub-rule(2) of rule 34 and all other records relating to election and such packets shall not be opened and their contents shall not be inspected or produced before any person or authority except under the order of a competent court and shall arrange to destroy them after one year from the date of declaration of result of the election, with the approval of the State Election W.P.(C).NO.33797 OF 2010 3 Commission unless there is a court order to the contrary. In the light of the statutory provisions referred to above, the petitioner cannot seek or be granted the reliefs prayed for. The writ petition fails and is accordingly, dismissed, without prejudice to the petitioner's right to move a competent court by filing an election petition and seeking production or inspection of the marked copies of the electoral roll in that proceedings. P.N.RAVINDRAN,JUDGE pm