IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 21707 of 2008(H) -------------------------- PETITIONER: ------------ SUSY SABU , AGED 34 YEARS, W/O.SABU, MAJAPPILLY KUNNEL, KANJIKUZHY P.O., IDUKKI DISTRICT. BY ADV. SRI.K.V.SABU RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, IDUKKI 2. STATE ELECTION COMMISSION, THIRUVANANTHAPURAM 3. ELECTION REGISTRATION OFFICER KANJIKUZHY GRAMA PANCHAYATH 4. SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CHIEF ELECTION OFFICER WARD NO. 11, KANJIKUZHY GRAMA PANCHAYATH, IDUKKI DISTRICT. BY GOVT. PLEADER SRI. K.R. DEEPA BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.21707/2008 ----------------------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT The prayer in this writ petition is to direct the second respondent to cancel the by-election in ward No.11 of Kanjikuzhy Panchayath in Idukki District. This direction is sought on the ground that the petitioner's name was removed from the electoral record in an illegal manner. 2. In view of Section 87 of the Kerala Panchayat Raj Act and Art.243-O(b) of the Constitution of India, no election shall be called in question except in a election petition presented in the manner prescribed and this court has no power to interfere in such matters. Therefore, leaving it open to the petitioner to pursue his alternate remedy against the election, the writ petition is dismissed. vi ANTONY DOMINIC JUDGE 2