IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 31924 of 2010(M) -------------------------- PETITIONER(S): --------------- OORANGATTU SARADA, W/O. APPU, AGED 49 YEARS, OAMOTH HOUSE, KUMMINIPARAMBU P.O., KONDOTTY VIA, MALAPPURAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM-676 505. 2. THE RETURNING OFFICER, PALLIKKAL GRAMA PANCHAYAT, PALLICKAL, KONDOTTY-673 638, MALAPPURAM DISTRICT. 3. THE STATE ELECTION COMMISSION, THIRUVANANTHAPURAM, PIN-695 001, REPRESENTED BY ITS SECRETARY. 4. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY-695 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R3 GOVERNMENT PLEADER SRI.A.J.VARGHESE FOR R1 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.31924/2010 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of the petition dated 7.10.2010 submitted by the petitioner to the District Collector, Malappuram. P2: True copy of the FIR on the complaint submitted by the petitioner before the 4th respondent, SHO, Kondotty Plice Station. P3: True copy of the petition 7.10.2010 submitted by the petitioner to the State Election Commission, 3rd respondent. RESPONDENTS' EXHIBITS: R2(a): The photocopy of the notice dated 11.10.2010 issued by the Sub Inspector of Police, Kondotty Police Station to the second respondent. R2(b): The photocopy of the letter No.P3-52007/2010 dated 12.10.2010 issued by the first respondent to the second respondent. R2(c): The photocopy of the letter dated 3.12.2010 of the Sub Inspector of Police, Kondotty Police station. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.31924 OF 2010 -------------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The petitioner who was a voter with serial No.312 of Ward No.7 of Pallikkal Grama Panchayath, Malappuram District had submitted nomination for contesting election from Ward No.7. The said nomination was accepted by the second respondent, Returning Officer. 7.10.2010 was the date fixed for the withdrawal of the nomination. The case of the petitioner is that when she went to the Returning Officer for getting alloted the symbol, she was informed that her nomination stood withdrawn. Thereafter, the petitioner submitted Ext.P1 application before the first respondent complaining that the letter for withdrawal of nomination was a forged one. After the submission of Ext.P1, the petitioner has lodged a complaint before the fourth respondent. This Writ Petition has been filed thereafter mainly with the prayer to issue a writ of mandamus commanding respondents 1 to 3 to make available all the papers claimed to be with the Returning Officer, the second respondent in connection with the alleged withdrawal of the candidature of the petitioner W.P.(C) NO.31924/2010 2 from Ward No.7 of PalliKkal Grama Panchayath, Malappuram District for the purpose of conducting investigation based on Ext.P2. 2. A counter affidavit has been filed by the second respondent in this Writ Petition. Paragraph 6 thereunder reads thus: “The election process is now over and the State Election Commission has instructed me to make available the above two documents to the investing officer as and when the same is required by them as part of the investigation on proper receipt.” 3. The learned counsel appearing for the second respondent submitted that subsequent to the filing of the counter affidavit, the documents required for conducting investigation based on Ext.P2 were already produced before the investigating officer. This is recorded. In view of the said submission, nothing survives for consideration in this Writ Petition. Accordingly, it is closed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.31924/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.31924/2010 4