IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 15952 of 2008(Y) -------------------------- AGAINST THE ORDER IN IA 624/2008 IN OS.1/2006 of I ADDL. DISTRICT COURT, KOLLAM .................... PETITIONER: -------------- KARTHIKEYAN, S/O.PADMANABHAN, AGED 57 YEARS, KADAKOTTEVEEDU, KADATHOORMURI, THAZHAVA VILLAGE. BY ADV. SRI.A.AHZAR RESPONDENTS: ------------- THE RETURNING OFFICER, OACHIRA PARABRAHMA TEMPLE, OACHIRA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.15952 OF 2008 =========================== Dated this the 6th day of June, 2008 JUDGMENT Petitioner filed a nomination paper for the election of Kadathoor Kara. The nomination was rejected on the ground that the nomination paper shows that he is Ezhava but as per the voters list he is Nair and therefore he cannot contest the election as an Ezhava. Petitioner filed I.A.624/2008 before Additional District Court, Kollam. It was dismissed under Ext.P5 order on the ground that he did not file an objection to the voters list and petitioner is not entitled to question it at this stage. This petition is filed under Article 227 of the Constitution of India to quash the same. Petitioner produced Ext.P1 certificate issued by the Secretary of Oachira Temple Administrative Board to the effect that petitioner was representing Thazhava Kadathoor Kara as representative of Ezhava community for the last W.P.(C)15952/2008 2 18 years. 2. Learned counsel appearing for petitioner and Adv. Sri.N.D. Premachandran who represented the temple Administration Board were heard. 3. Ext.P1 certificate issued by the Temple Administration Board establish that petitioner was representing Thazhava Kadathoor Kara as its Ezhava representative for about 18 years. Ext.P3 certificate issued by the Village Officer, Thazhava also establish that petitioner belongs to Ezhava community. In such circumstance, for the mistake committed in showing the community of the petitioner in the voters list, there is no justification for the Returning Officer to reject the same. Learned District Judge did not consider this aspect and dismissed the petition under Ext.P5 for the sole reason that petitioner did not file any objection to the voters list. As the learned District Judge did not consider the application in the proper perspective, Ext.P5 order is quashed. I.A.624/2008 is remitted to the learned District W.P.(C)15952/2008 3 Judge to pass appropriate order in accordance with law. Before passing the order in that application, the election to Kadathoor Kara shall not be conducted. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006