IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 33691 of 2010() ------------------------- PETITIONER(S): --------------- LEELAMMA, W/O.KURIAKOSE, CHENNAD (H) PUNNATHRA WEST P.O., ETTUMANOOR, KOTTAYAM DIST. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSION, KERALA, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT RETURING OFFICER, GENERAL ELECTION TO LOCAL BODIES (DISTRICT COLLECTOR), COLLECTORATE, KOTTAYAM-686 601. 3. THE RETURING OFFICER, GENERAL ELECTION TO LOCAL BODIES, G-18, ETTUMANOOR GRAMA PANCHAYATH AND TALUK INDUSTRIES OFFICER, KOTTAYAM-686 601. 4. SMT.UMA SURESH, W/O.SURESH, PIDIKOOTTIL (H), PUNNATHURA WEST PO, ETTUMANOOR, KOTTAYAM DIST-686 631. 5. SMT.SAVITHRI PRAKASHAN, W/O.PRAKASHAN, CHOONDAKKATTIL (H), PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DIST-686 631. 6. ETTUMANOOR GRAMA PANCHAYATH, ETTUMANOOR P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY-686 631. BY GOVERNMENT PLEADER SMT.K.R.DEEPA SRI.MURALI PURUSHOTHAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.33691 of 2010 ----------------------------------------- Dated this the 8th day of November, 2010 JUDGMENT The petitioner was a candidate in the elections to the Ettumanoor Grama Panchayat held on 25.10.2010. The 4th respondent is the successful candidate. In this writ petition the petitioner seeks recounting of the votes polled in Ward No.10. The writ petition proceeds on the basis that though the petitioner had made an application before the Returning Officer for a recount in accordance with the Kerala Panchayat Raj (Conduct of Election) Rules, 1995 the application was not entertained. The said application was snatched and thrown away by the supporters of the opposite candidate, it is alleged. Apart from the ipsi dixit of the petitioner there is nothing to substantiate the said contention. In such circumstances as the result of the election has been declared I am of the opinion that the remedy of the petitioner, if he is W.P(C).No.33691 of 2010 -:2:- aggrieved, is to challenge the election of the returned candidate in other appropriate proceedings. Without prejudice to that right and leaving open the contentions of the petitioner, this writ petition is dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.33691 of 2010 ---------------------------- JUDGMENT 8th November, 2010