IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 27063 of 2011(G) PETITIONERS: -------------------- 1. JISHNU KRISHNAN.A.K, AGED 20 YEARS, S/O.KRISHNAN NAMBOODIRI, ANIMANGALATH MANA, IRINJALAKUDA, THRISSUR DISTRICT,(3RD YEAR DC FUNCTIONAL ENGLISH, CHRIST COLLEGE ,IRINJALAKUDA). 2. SIKHIL DAS.K.S, AGED 19 YEARS, S/O.SIVADASAN, KALATHINGAL HOUSE,PUTHUKKAD PO, THRISSUR DISTRICT, (2ND YEAR MATHEMATICS,CHRIST COLLEGE, IRINJALAKUDA). 3. SURAG.C.SURESH,AGED 18 YEARS, S/O.SURESH,CHORATTIL HOUSE,OLLUKKARA PO, THRISSUR DISTRICT(2ND YEAR DC ECONOMICS, CHRIST COLLEGE, IRINJALAKUDA). 4. ASWINI.A.A,AGED 20 YEARS, 3RD YEAR CHEMISTRY,CHRIST COLLEGE, IRINJALAKUDA,THRISSUR DISTRICT. BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENTS: ---------------------- 1. UNIVERSITY OF CALICUT, REP.BY REGISTRAR, CALICUT UNIVERSITY PO, MALAPPURAM ,PIN 673 635. 2. DEAN, DEPARTMENT OF STUDENTS WELFARE, CALICUT UNIVERSITY, CAALICUT UNIVERSITY PO, MALAPPURAM ,PIN 673 635. 3. GRIEVANCE REDRESSAL CELL, CHRIST COLLEGE IRINJALAKUDA, THRISSUR DISTRICT,PIN 680 121, REP.BY ITS CHAIRMAN,PROF.T.I.JOHNSON. 4. PRINCIPAL, CHRIST COLLEGE, IRINJALAKUDA, THRISSUR DISTRICT,PIN 680 121. R1 & R2 – BY ADV. SANTHOSH MATHEW, SC, CALICUT UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27063 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE LYNGDOH COMMITTEE REPORT ACCEPTED BY THE 1ST RESPONDENT UNIVERSITY. P2: TRUE COPY OF THE RELEVANT PAGE OF THE CLASS WISE RESULT OF STUDENTS' PARLIAMENT ELECTION 2011-2012. P3: TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER DATED 30.9.2011. P3(A): TRUE COPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER DATED 30.9.2011. P3(B): TRUE COPY OF THE COMPLAINT FILED BY THE 3RD PETITIONER DATED 30.9.2011. P3(C): TRUE COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER DATED 30.9.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. ANTONY DOMINIC, J ....................................................... W.P.(C).27063/2011 .............................................. Dated this the 13th day of October, 2011 JUDGMENT The prayer sought in the writ petition is for a direction to consider Ext.P3 series of complaint made by the petitioners before the third respondent. 2. The case of the petitioners is that election to the Union of the Christ College, Irinjalakuda was held on 29.9.2011. It is contended that two class representatives of the 3rd year (Physics) Degree class had left for a study tour prior to the scrutiny of nomination papers was completed. It is also stated that despite their absence from College on polling date, these students were permitted to exercise their franchise, even prior to the scrutiny was completed. Complaining of that, petitioners have filed Ext.P3 series before the third respondent and in this writ petition petitions seek a direction for its consideration. 3. A perusal of Ext.P3 series shows that although the persons in whose favour the aforesaid students are alleged to have exercised their franchise, have been impleaded in the complaint, the persons W.P.(C).27063/11 2 whom the petitioners allege to be ineligible to exercise their votes, are not impleaded. 4. Since the complaints filed by the petitioners are defective, if this Court is to require the third respondent to consider Ext.P3, third respondent will be compelled to pass orders on Ext.P3 without hearing the affected parties. That cannot be done. Therefore, the writ petition is closed giving liberty to the petitioners to move the third respondent afresh and implead all proper parties to such proceedings. ANTONY DOMINIC, Judge mrcs