IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 29658 of 2005(E) ------------------------------------- PETITIONER(S): ---------------------- A.YOUNUS KUNJU, AGED 64 YEARS, S/O.ABDULLA KUNJU, SHAJAHAN MANZIL, MANAKKADU, VADAKKEVILA.P.O, KOLLAM DISTRICT. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE BY ADV. SRI.S.SUNDARESAN RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. THE CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM R2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29658/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNICATION DTD. 10.6.2005 BY THE STATE ELECTION COMMISSION. P2:- COPY OF THE REPRESENTATION DTD. 22.6.2005 SUBMITTED BY THE PETITIONER BEFORE THE DIST. COLLECTOR, KOLLAM. P3:- COPY OF THE REPRESENTATION NO.88 DTD. 25.6.2005 SUBMITTED BY THE PETITIONER BEFORE R1. P4:- COPY OF THE REPRESENTATION NO.I1 DTD. 25.6.2005 SUBMITTED BY THE PETITIONER BEFORE R1. P5:- COPY OF THE REPRESENTATION NO.92/DT. 25.6.2005 SUBMITTED BY THE PETITIONER BEFORE R1. P6:- COPY OF THE LETTER DTD. 28.6.2005 RECEIVED BY THE PETITIONER FROM R1. P7:- COPY OF THE ANNEXURE III OF DELIMITATION OF WARDS IN RESPECT OF KOLLAM CORPORATION. P8:- COPY OF THE LIST OF HOUSES HAVING SAME NUMBER WITH DIFFERENT NAMES. P9:- COPY OF THE LIST OF HOUSES HAVING SAME NUMBER WITH DIFFERENT NAMES. P10:- COPY OF THE LIST OF HOUSES HAVING SAME NUMBER WITH DIFFERENT NAMES. P11:- COPY OF THE LIST OF HOUSES HAVING SAME NUMBER WITH DIFFERENT NAMES. P12:- COPY OF THE LIST OF HOUSES HAVING SAME NUMBER WITH DIFFERENT NAMES. P13:- COPY OF THE APPLICATION DTD. 29.8.2005 SUBMITTED BY THE PETITIONER. P14:- COPY OF THE LIST DELETING THE NAMES OF THE VOTERS FROM THE VOTERS LIST (PART 104). P15:- COPY OF THE LIST DELETING THE NAMES OF THE VOTERS FROM THE VOTERS LSIT (PART 105) P16:- COPY OF THE LIST DELETING THE NAME OF THE VOTERS FROM THE VOTERS LSIT ( PART 107). P17:- COPY OF THE LIST DELETING THE NAMES OF THE VOTERS FROM THE VOTERS LIST (PART 108.). P18:- COPY OF THE LIST DELETING THE NAMES OF THE VOTERS FROM THE VOTERS LIST (PART 109). W.P.(C) NO.29658/2005 P19:- COPY OF THE VOTERS LIST IN ERAVIPURAM ASSEMBLY CONSTITUENCY PART. 104. P20:- COPY OF THE VOTERS LIST IN ERAVIPURAM ASSEMBLY CONSTITUENCY PART. 105. P21:- COPY OF THE VOTERS LIST IN ERAVIPURAM ASSEMBLY CONSTITUENCY PART. 107. P22:- COPY OF THE VOTERS LIST IN ERAVIPURAM ASSEMBLY CONSTITUENCY PART. 108. P23:- COPY OF THE VOTERS LSIT IN ERAVIPURAM ASSEMBLY CONSTITUENCY PAR. 109. P24:- COPY OF THE COMMUNICATION DTD. 12.7.2005 ISSUED BY THE R1. P25:- COPY OF THE LIST OF PERSONS INDUCTED WITHOUT ANY CLAIM APPLCACTION (BOOTH 1). P26:- COPY OF THE LIST OF PERSONS INDUCTED WITHOUT ANY CLAIM APPLICATION (BOOTH 2.). P27:- COPY OF THE LIST OF PERSONS INDUCTED WITHOUT ANY CLAIM APPLICATION. (BOOTH 3). P28:- COPY OF THE LIST OF PERSONS INDUCTED WITHOUT ANY CLAIM APPLCIATION (BOOTH 4). P29:- COPY OF THE LIT OF PERSONS INDUCTED WITHOUT ANY CLAIM APPLICATION (BOOTH 5). P30:- COPY OF THE REPRESENTATION DTD. 13.9.2005 SUBMITTE D BY THE SECRETARY IUML., KOLLAM DIST. BEFORE R2. P31:- COPY OF THE REPRESENTATION DTD. 21.9.2005 SUBMITTED BY THE SECRETARY IUML, KOLLAM DIST. BEFORE R2. P32:- COPY OF THE REPRESENTATION DTD./ 21.9.2005 SUBMITTED BY THE SECRETARY IUML, KOLLAM DIST. BEFORE R2. P33:-COP LIST OF VOTERS CONTAINED IN THE DRAFT LIST BUT NOT IN THE FINAL LIST (PART 1). P34:- COPY OF THE LIST OF VOTERS CONTAINED IN THE DRAFT LIST BUT NOT IN THE FINAL LIST (PART 2). P35:- COPY OF THE LIST OF VOTERS CONTAINED IN THE DRAFT LIST BUT NOT IN THE FINAL LIST (PART 3). W.P.(C) NO.29658/2005 P36:- COPY OF THE LSIT OF VOTERS CONTAINED IN THE DRAFT LIST BUT NOT IN THE FINAL LIST (PART 4). P37:- COPY OF THE LIST OF VOTERS CONTAINED IN THEDRAFT LIST BUT NOT IN THE FINAL LIST (PART 5). P38:- COPY OF THE APPLICATIONS OF VOTERS SOUGHT INCLUSION OF THEIR NAMES BUT NOT INCLUDED IN THE FINAL LIST. P39:- COPY OF THE APPLICATIONS OF VOTERS SOUGHT INCLUSION OF THEIR NAMES BUT NOT INCLUDED IN THE FINAL LIST. P40:- COPY OF THE REPRESENTATION DTD. 10.7.2005 SUBMITTED BY ONE NAZEER BEFORE R2. P41:- COPY OF THE APPLICATION SUBMITTED BY THE PARTY OF THE PETITIONER ALONG WITH A LIST OF PERSONS. P42:- COPY OF THE TABLE SHOWING DETAILS OF HOUSES, POPULATION, NO. OF VOTERS ETC. P43:- COPY OF THE FINAL AND DRAFT VOTERS LIST OF 5 BOOTHS IN DIVISION NO. 29 OF KOLLAM CORPORATION. P44:- COPY OF THE NEWS REPORT APPEARED IN CHANDRIKA DAILY DTD. 25.9.2005. P45:- COPY OF THE NEWS REPORT APPEARED IN MATHRUBHUMI DAILY DTD. 28.9.2005. P46:- COPY OF THE SUMMARY OF INFIRMITIES IN PREPARATION OF VOTERS LIST. ANNEXURE A:- COPY OF THE JUDGMENT DTD. 30.1.2009 OF THIS HONOURABLE COURT IN WP(C) NO.29537/ 2008. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29658 OF 2005 --------------------------------------- Dated this the 10th day of August, 2010. J U D G M E N T This writ petition is filed by the petitioner aggrieved by the rejection of the application for inclusion of certain names in the voters' list and inclusion of ineligible voters of Ward No.29 of the Kollam Corporation in the list. The main prayer in the writ petition is to declare that there had been no proper voters' list in relation to the elections to the Kollam Corporation and in particular Ward No.29. 2. Recently, the wards of the Corporation were delimited for the purpose of next election to be held in September-October 2010. Therefore, the action for finalising the voters' list is going on as is evident from the additional statement filed on behalf of the 1st respondent. Ward No.29 during the previous election is now numbered as Ward No.27. 3. From the statement it is clear that the Electoral Registration Officer has published a draft electoral roll on W.P.(C) No.29658/2005 2 01.07.2010 and the last date for receipt of the objection was 20.07.2010. The final electoral roll will be published on 12.08.2010. In respect of Ward No.27 (Manakkad), 50 applications were received by the Electoral Registration Officer for deletion of names from the voters list and 456 applications were received for inclusion of names in the electoral roll. The enquiries in respect of the said applications are going on and thereafter the final electoral roll for Ward No.27 will be published. 4. It is pointed out in the statement that there was a meeting of the political parties on 13.07.2010 and the District President of Indian Union Muslim League did not participate in the meeting called for on 13.07.2010. It is also pointed out that even after the publication of the final electoral roll, the petitioner is having a remedy under Section 80 of the Kerala Municipality Act read with Rule 25 of the Kerala Municipality (Registration of Electors) Rules, 1994, in that applications can be submitted for correction of entries and inclusion of names in the final electoral roll. The only prohibition is that no inclusion or deletion of names in the electoral roll can be made between the last date for W.P.(C) No.29658/2005 3 making nomination for the forthcoming election and before the completion of the said election as provided under Section 80(3) of the Kerala Municipality Act. The application will have to be filed within 7 days before the last date for making nomination. The petitioner has not so far filed any application. The petitioner or anybody else interested in enrollment of their names in the voters' list will have to submit applications in terms of the above provision and leaving open the said remedy, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp