IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 30774 of 2010(V) -------------------------- PETITIONER(S): --------------- SATHYABHAMA,AGED 46 YEARS, WIFE OF CHANDRASEKHARAN PILLAI,THIRUMULLAVARAM PO KOLLAM 691 012. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE SRI.K.V.GEORGE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR (DISTRICT ELECTIOIN OFFICER),COLECTORATE,CIVIL STATION, KOLLAM 691 013. 2. THE ASSISTANT CONSERVATOR OF FORESTS (RETURNING OFICERR, C02 KOLLAM CORPORATION- DIVISIONS 29-55,GENERAL ELECTIONS 2010 TO LOCAL BODIES),SOCIAL FORESTRY DIVISION,VANASREE, CHINNAKKADA, KOLLAM 691 001. 3. CORPORATION OF KOLLAM REPRESENTED BY ITS SECRETARY,CORPORATION BUILDINGS,KOLLAM 691 001. ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30774 of 2010 ----------------------------------------- Dated this the 7th day of October, 2010 JUDGMENT The petitioner, a resident of Division No.52 of Kollam Corporation, submitted a nomination before the Returning Officer for contesting in the ensuing elections to Kollam Corporation. The said nomination form was rejected at the time of scrutiny on 5.10.2010 on the ground that the petitioner has not subscribed her signature to the nomination form. The said decision is under challenge in this writ petition. The main contention raised by the petitioner, relying on section 111(4)of the Kerala Municipalities Act, 1994, is that the failure of the candidate to subscribe her signature on the nomination paper is not of a substantial character and therefore, the Returning Officer erred in rejecting the nomination paper. I am afraid there is no merit in the said contention. In my opinion, in the absence of a signature in the nomination paper it cannot be said that there was a nomination in the eyes of law. The failure of the candidate to subscribe her signature to the nomination form after making a declaration that W.P(C).No.30774 of 2010 -:2:- she is the candidate mentioned in the nomination form and that she is willing to stand for election, coupled with a declaration that she is qualified to fill the seat in a Municipality and is not disqualified for being chosen to that seat makes it an invalid nomination. The Returning Officer was therefore perfectly right in rejecting the nomination paper. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30774 of 2010 ---------------------------- JUDGMENT 7th October, 2010