IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23603 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. SATHYAN VANDICHALIL AGED 50 YEARS, S/O. NARAYANAN, 'VASANTHAM', MUZHUPPILANGDI, KANNUR. 2. O.V.JAFFER, AGED 59 YEARS, S/O C.P.MANJU, K.V.HOUSE, MAMMAKKUNNU, KADAMPOOR, KANNUR. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSION, CORPORATION OFFICE COMPLEX, LMS JUNCTION, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. ASSISTANT REGISTRAR, CO-OPERATOVE SOCIETIES(GENERAL) CIVIL STATION, KANNUR. 4. SECRETARY, MUZHUPPILANGAD GRAMA PANCHAYATH, MUZHIPPILANGADI.P.O, MUZHUPPILANGADI-670662. SHRI MURALI PURUSHOTHAMAN, SC GOVERNMENT PLEADER, SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23603/2010-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of July, 2010 J U D G M E N T The petitioners are voters in Malakuthazha Constituency in Muzhuppilangadu Grama Panchayat. As far as Ward No.2 is concerned, going by Ext.P2, two polling stations have been noted and out of them, one is in Angel Nursery School. It is the contention of the petitioners that the said polling station is in another ward and is located in a private building. 2. The second petitioner filed an objection before the first respondent and the same has been forwarded to the second respondent District Collector. Thereafter, the District Collector by Ext.P4, directed the Assistant Registrar of Co-operative Societies (General) to conduct due enquiry into the complaint and after discussion with the representatives of the various political parties, submit revised proposal. It appears that thereafter, a notice was issued by the third respondent to the second petitioner to appear on 20/07/2010, but the petitioner is stated to have received the same only on 21/07/2010. On 22/07/2010, he was again summoned through phone and he, accordingly, has filed an objection as per Ext.P6. W.P.(C). No.23603/2010 -:2:- 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Commission. It is upto the District Collector to take a decision based on the enquiry conducted by the Assistant Registrar of Co- operative Societies and the revised proposal submitted by him after due enquiry. Appropriate decision will be taken by the second respondent in accordance with the guidelines issued by the Commission within a period of three weeks from the date of receipt of a copy of this Judgment. The petitioners will produce a copy of the writ petition along with a copy of this Judgment before the District Collector for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms