IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17737 of 2009(J) --------------------------------------- PETITIONERS: --------------------- 1. HASSAINAR P., AGED 35 YEARS, S/O.SAIDALI, PULLEPARAMBIL, ALLI P.O. MUKKOM, KOZHIKODE DIST. 2. MOHSIN.K., S/O.UMMER FAISI, KEELATH HOUSE, ALLI P.O. MUKKOM - 673 502. BY ADV. MR.P.A.MOHAMMED SHAH. RESPONDENTS: ------------------------ 1. STATE ELECTION COMMISSION, OFFICE OF STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. 2. DEPUTY COLLECTOR (ELECTION), CIVIL STATION, KOZHIKODE. 3. SECRETARY, KARASSERY GRAMA PANCHAYATH, KARASSERY P.O., VIA MUKKOM, KOZHIKODE DISTRICT. R1 BY MR.MURALI PURUSHOTHAMAN, SC,K.S.E.COMMN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17737 OF 2009 ------------------------------------------- Dated this the 25th day of June, 2009 JUDGMENT 1. Petitioners are voters of Karasserry Grama Panchayat. They say that they are the convener and the chairman of the local committee of the United Democratic Front. They plead that in spite of complaints of serious defects in the voters' list, there is inaction on the part of the State Election Commission. 2. On 5.5.2009, the draft voters list was published calling for objections. Awaiting objections till 20.5.2009, the final list dated 10.6.2009 was published. According to the petitioners, they had submitted certain complaints before 20.5.2009. They also stated that after the final list was published, they submitted a complaint on 18.6.2009. The bye-election to the Grama Panchayat has been notified on 22.6.2009 fixing the last date of receipt of nominations as 29.6.2009. WPC.17737/09 Page numbers 3.On the aforesaid facts, learned counsel for the petitioners pointed out that in terms of Section 22(3) of the Panchayat Raj Act, 1994, the Electoral Registration Officer can exercise powers to rectify the list till the last date of submission of nominations and that directions may be issued to ensure the exercise of such power. 4. As held by this Court in Mohammed Ali v. State Election Commission [2006 (3) KLT 496], cited by the learned standing counsel for the State Election Commission, objection has to be raised to the preliminary voters' list and no appeal could be entertained under Rule 22 of the Panchayat Raj (Registration of Voters) Rules, 1994 from any person who has not raised an objection in terms of Rule (8) of those rules. 5.Article 243-O(b) of the Constitution creates a constitutional embargo on the power of the High Court to exercise power under Article 226 and to issue orders, in any manner interfering with the electoral process. That provision may not WPC.17737/09 Page numbers impair the High Court's power to pass orders which may be in furtherance of the electoral process. That position notwithstanding the identity of a voter and other institutional matters, fell within the jurisdiction of the court which would try an election petition, if instituted, challenging the election. At any rate, no order that is issued by the High Court could be utilised or permitted, in any manner, to hamper the electoral process. For the aforesaid reasons, preserving the right of the petitioners to agitate their grievances in the light of what is stated above, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/6.