IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 9384 of 2011(W) ------------------------- PETITIONER(S): ---------------------- 1. T. MANOJ, S/O. GOPALAN VYDIAR, RESIDING AT TRIKOVIL HOUSE, MORIKKARA, KAKKODI, KOZHIKODE. 2. P.A. ASIF, S/O.ABOO, RESIDING ATY EF 4/5811, KSHB FLATS, BILATHIKULAM HOUSING COLONY, BILATHIKULAM, KOZHIKODE. 3. K. AJAYAKUMAR, S/O. PADMANABHAN NAMBIAR, RESIDING AT SREEPADMAM, ANGATHIL, KUTHIRAVATTOM, KOZHIKODE. 4. V. PRAJITH, S/O. DHISHANAN, RESIDING AT PRASANTHI, PANTHALAYANI, KOYILANDI, KOZHIKODE. 5. JOSE LUKOSE, S/O. ANTONY LUKOSE, RESIDING AT KOCHUVADAPARAMBIL HOUSE, CHEVAYUR, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH SMT.RESMI NANDANAN RESPONDENT(S): ------------------------- 1. THE ELECTION COMMISSION OF INDIA, REPRESENTED BY ITS SECRETARY, NIRVACHANAM SADAN, ASOKA ROAD, NEW DELHI - 110 001. WP(C).No. 9384 of 2011(W) --------------------------------- 2. THE STATE ELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. THE DISTRICT ELECTION OFFICER/DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE - 673 020. R1 BY SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.9384 OF 2011 -------------------------------- Dated this the 24th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P2 proceedings of the 3rd respondent. ii) Issue a writ of certiorari or any other appropriate writ order or direction declaring that the petitioners cannot be appointed as Assistant Expenditure Officers as contemplated in Ext.P1 instructions issued by the 1st respondent, in so far as they do not satisfy the conditions stipulated for such post. iii) Issue any other appropriate writ or order which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case and sufficient for the redressal of the grievances of the petitioners. 2. A statement has been filed on behalf of the 1st respondent where it has been stated that an order bearing No.E1-11486/11/Exp dated 23-03-2011 has been passed by the 1st respondent, a copy of which has been produced as Annexure A, whereby the petitioners 1 and 4 who were originally included in the list as the Assistant Expenditure Observers have already been deleted/removed and that the other petitioners who are in the 'reserved list' as Assistant Expenditure Observers, are not intended to be called upon to ensholder any such liability. The learned standing counsel W.P.(C) No.9384/2011 - 2 - for the Election Commission submits that the petitioners will be called upon to discharge only such other duties, in accordance with law, if so required. 3. In the said circumstances, no other order is required in the Writ Petition, and it is closed accordingly. P.R.RAMACHANDRA MENON JUDGE vdv