IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25621 of 2008(A) -------------------------- AGAINST THE ORDER DATED / / IN IA 1082/2007 IN EL.OP.37/2005 of M.C.,PARAPPANANGADI .................... PETITIONER: ------------ CHANDRAN, AGED 38 YEARS, S/O. CHOOLAN, KUZHIKKOTTIL HOUSE, P.O.PUTHUKODE, RAMANATTUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- 1. SUBRAHMANIAN, S/O.NEELANDAN, HOUSE NO.77, G-13 CHERUKAVU GRAMA PANCHAYATH, KODAPPURAM, P.O.PUTHUKKODE, (VIA) RAMANATTUKARA, MALAPPURAM DISTRICT. 2. KONJALATH VASU, S/O.NADHAN, HOUSE NO.71, KONJALATH HOUSE, G-13 CHERUKAVU GRAMA PANCHAYATH, KODAPPURAM, P.O.PUTHUKKODE, (VIA) RAMANATTUKARA, MALAPPURAM DISTRICT. 3. OORAKATH ASOKAN, S/O.CHOOLANKUTTY, HOUSE NO.78, OORAKATH HOUSE, G-13 CHERUKAVU GRAMA PANCHAYATH, KODAPPURAM, P.O.PUTHUKKODE, (VIA) RAMANATTUKARA, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25621 of 2008 ------------------------------- Dated this the 26th August, 2008. J U D G M E N T Petitioner is the petitioner in O.P.(Election) No.37 of 2005, on the file of Munsiff court, Parappanangadi. This petition is filed under Article 227 of the Constitution of India for a direction to Munsiff to take up I.A.No.1082 of 2007 and to open the sealed cover containing invalid ballot papers and to verify whether declaration of those votes as invalid is correct and to pass necessary orders in the application expeditiously. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that inspite of sub-section (5) of Section 93 of the Kerala Panchayath Raj Act, providing for expeditious disposal of an election petition within a period of six months, the election petition is still pending, though it was filed in 2005. Learned counsel also argued that W.P.(C) No.25621 of 2008 2 first respondent was declared elected only with a margin of five votes and the election is sought to be declared void for improper acceptance and rejection of votes and evidence was adduced to prove that there was double voting as well as improper rejection of votes in favour of the petitioner. Learned counsel submitted that evidence on the side of the petitioner is over and, therefore, learned Munsiff should have opened the sealed cover, as prayed for, in I.A.No.1082 of 2007 and necessary directions are to be issued. 4. The secrecy of the ballot paper cannot be allowed to be violated, without establishing sufficient reason for opening the ballot paper. There cannot be a direction to the learned Munsiff to open the sealed cover containing the invalid ballot papers as sought for. It is for the learned Munsiff to decide that aspect if it is found that there was either improper acceptance of valid votes or improper rejection of the votes, as canvassed by the petitioner which materially affected the election of first respondent. Learned Munsiff can decide that question only after recording the evidence of both sides. W.P.(C) No.25621 of 2008 3 In such circumstances, the writ petition is disposed directing Munsiff, Parappanangadi, to dispose Election O.P.No.37 of 2005, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE nj.