IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 33192 of 2010(Y) -------------------------- PETITIONER(S): --------------- N.K.RAJEEVAN, RAJEEV BHAVAN, ERAMALLOOR PO, ALAPPUZHA DISTRICT, PIN 688 537. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,ALAPPUZHA. 3. THE RETURNING OFFICER, BLOCK PANCHAYATH,PATTANAKKAD BLOCK,ALAPPUZHA DISTRICT (ASST.DIRECTOR, F/A OS DD LS) NATIONAL SAVINGS, COLLECTORATE,ALAPPUZHA 688 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33192/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of November, 2010 J U D G M E N T This writ petition is filed by the petitioner seeking to quash Ext.P1 a reply given by the Returning Officer rejecting the application for recount. The petitioner was a candidate to the Block Panchayat election in Pattanakkad, Chammanad Division in Alappuzha District. The election was held on 25/10/2010 and counting was held on 27/10/2010. The petitioner raised a dispute in the matter of counting process. Accordingly, he filed an application for recount which stands rejected. The learned counsel for the petitioner submitted that Ext.P1 is arbitrary and illegal and is liable to be quashed by this Court. The only remedy of the petitioner is to challenge the election of the returning candidate in an election petition under the relevant provisions of the Kerala Panchayat Raj Act within the period provided under the Statute. Leaving open the said remedy, the writ petition is dismissed. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE