IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 27890 of 2010(I) -------------------------- PETITIONER: --------------- P.S.RASHEED ALI, S/O.LATE SULAIMAN RAWTHER, PALLIVADKETHIL HOUSE, KANNAMCODE, ADOOR P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.K.SOYUZ RESPONDENTS: --------------- 1. THE STATE ELECTION COMMISSION, CORPORATION OFFICE BUILDINGS, LMS JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN 695 001. 2. THE DISTRICT ELECTION OFFICER/ THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN 689 645. 3. THE ELECTORAL REGISTRATION OFFICER/ THE SECRETARY, ADOOR MUNICIPALITY, MUNICIPAL OFFICE, ADOOR, PIN 689 645. BY GOVT. PLEADER SMT. K.R.DEEPA ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27890 OF 2010 -------------------------- Dated this the 14thday of September, 2010 J U D G M E N T The petitioner is a resident of newly constituted Ward No.20 of the Adoor Municipality. He is aggrieved by the inclusion of his name and the names of hundreds of other voters, who are residing in Ward No.20 of the Adoor Municipality, in the electoral roll of Ward No.19 of the Adoor Municipality. He has yet another grievance that the final voter's list is not one published in the prescribed form. It is stated that though these and other defects were pointed out to the Electoral Registration Officer when the draft voter's list was published, the defects have not been remedied. Hence this writ petition seeking a direction to the respondents to publish the electoral roll in the prescribed form and to rectify the mistakes in the electoral roll relating to Ward Nos.19 and 20. 2. When this writ petition came up for admission on 8.9.2010, the learned standing counsel appearing for the State Election Commission took time to get instructions. The learned standing counsel has filed a statement dated 11.9.2010. Paragraphs 2 and 3 thereof read as follows: WPC No.27890/2010 2 “2. It is submitted that the electoral roll of all constituencies of Adoor Municipality has been published in Form No.1 of the Kerala Municipality (Registration of Electors) Rules. However, in the copies initially supplied the inner page to the facing sheet which provides for the name of the polling station and the number of the polling station were omitted to be included and at once the same was brought to the notice of the Electoral Registration Officer the copies of the inner sheet was appended and complete copy with inner sheet was supplied to political parties and to the State Election Commission. The photocopy of the inner sheet of the facing sheet of the Electoral roll of Ward Nos.19 and 20 of Adoor Municipality is produced herewith and marked as ANNEXURE-A. 3. With regard to the complaints raised by the petitioner with regard to the alleged mistakes in the electoral roll of Ward Nos.19 and 20, the Electoral Registration Officer is already seized of the matter and steps are being taken to correct the entries consequent to delimitation of wards in accordance with the boundaries of the delimited wards. The same would be done within a week's time. In case the writ petitioner has any further grievance regarding any entries in the electoral roll the same would considered if the petitioner submits statutory applications in accordance with the provisions of the Kerala Municipality (Registration of Electors) Rules.” 3. It is evident from the statement filed by the learned standing counsel for the Sate Election Commission that the defect in the facing sheet attached to the electoral roll of Ward Nos.19 and 20 was later remedied. As regards the inclusion of the names of the petitioner and others, who are residing in Ward No.20, in the electoral roll of Ward No.19 of Adoor Municipality, it is stated that the Electoral Registration Officer is taking steps to correct the voter's list WPC No.27890/2010 3 in accordance with the delimitation of wards and that the mistakes would be remedied within a week's time. In such circumstances, I am of the opinion that the petitioner cannot have any subsisting grievance. The writ petition is accordingly closed, recording the statement dated 11.9.2010 filed on behalf of the State Election Commission. P.N.RAVINDRAN, (JUDGE) vps WPC No.27890/2010 4