IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 31276 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. MATHEW THOMAS, S/O.THOMAS, VITHAYATHIL HOUSE,NAYATHODU PO, ANGAMALY 683 572. 2. VELAYUDHAN K.V, KALLINGALKUDI HOUSE,NAYATHODU PO, ANGAMALY 683 572 . 3. MANI VELAYUDHAN KALLINGALKUDI HOUSE,NAYATHODU PO, ANGAMALY 683 572 4. RAMANI NARAYANAN PARAMBATHUKUDI HOUSE, NAYATHODU PO, ANGAMALY 683 572 . 5. THACHI VEERAVU KANELI HOUSE, NAYATHODU PO, ANGAMALY 683 572 . 6. LEELA SIVADASAN VARAYIL HOUSE, NAYATHODU PO, ANGAMALY 683 572 . 7. RATHEESHKUMAR SIVADASAN VARAYIL HOUSE, NAYATHODU PO, ANGAMALY 683 572 . 8. MEETHEEN KOCHAHAMMED KODAVATHU HOUSE, NAYATHODU PO, ANGAMALY 683 572 . 9. SMT. BADARUNNEESA MEETHEEN KODAVATHU HOUSE,, NAYATHODU PO, ANGAMALY 683 572 . 10. RIYAZ MUHAMMED KODAVATHU HOUSE,, NAYATHODU PO, ANGAMALY 683 572 . 11. KAIRALI PRASAD EDATHIKKARA HOUSE,NAYATHODU PO, ANGAMALY 683 572 . 12. PRASAD PRABHAKARAN EDATHIKKARA HOUSE,NAYATHODU PO, ANGAMALY 683 572 . WP(C).No. 31276 of 2010(H) : 2 : 13. INDIRA PRABHAKARAN EDATHIKKARA HOUSE,NAYATHODU PO, ANGAMALY 683 572 . 14. ANEESHA PRABHAKARAN EDATHIKKARA HOUSE,NAYATHODU PO, ANGAMALY 683 572 . 15. PRABHAKARAN NARAYANAN EDATHIKKARA HOUSE,NAYATHODU PO, ANGAMALY 683 572 . 16. P.P.SREEJITH PUNNEKKATTIL HOUSE,NAYATHODU PO, ANGAMALY 683 572 17. V.SREEKUMAR PARAMBATHUKUDI HOUSE,NAYATHODU PO ANGAMALY 683 572 18. SHABANA SIDHEEK PULERI HOUSE, NAYATHODU PO ANGAMALY 683 572 19. POULOSE DEVASSY VATTAPARAMBAN HOUSE,NAYATHODU PO ANGAMALY 683 572 20. ROSY POULOSE VATTAPARAMBAN HOUSE,NAYATHODU PO ANGAMALY 683 572 21. MARTIN POULOSE VATTAPARAMBAN HOUSE,NAYATHODU PO ANGAMALY 683 572 22. ANCY FAIZAL AHAMMED NADUVIL HOUSE, NAYATHODU PO ANGAMALY 683 572. 23. SALIMA JOY EKKAN HOUSE, NAYATHODU PO ANGAMALY 683 572. 24. E.P.JOY, EKKAN HOUSE, NAYATHODU PO ANGAMALY 683 572. 25. RAMACHANDRAN NARAYANA SWAMI THEKKE GRAMAM HOUSE,NAYATHODU PO ANGAMALY 683 572. 26. VIJAYALEKSHMI SREEKUMAR PARAMBATHUKUDI HOUSE,NAYATHODU PO ANGAMALY 683 572 27. SUDHA RAMACHANDRAN PERUMAL PARAMBIL HOUSE, NAYATHODU PO ANGAMALY 683 572 28. MADHAVI VELAYUDHAN CHALUMATTOM HOUSE, NAYATHODU PO ANGAMALY 683 572 WP(C).No. 31276 of 2010(H) : 3 : 29. RAJESH MOHANAN CHADAYAPPILLI HOUSE, NAYATHODU PO ANGAMALY 683 572 30. SACHPALJI KRISHNAN CHAKKUMALASSERY HOUSE, NAYATHODU PO ANGAMALY 683 572 31. LEENA SACHPALJI CHAKKUMALASSERY HOUSE, NAYATHODU PO ANGAMALY 683 572 32. CHANDRAVATHIAMMA PANKAJASKSHAN MOOLAMKOMBIL HOUSE, NAYATHODU PO ANGAMALY 683 572 BY ADV. SRI.WILSON URMESE RESPONDENT(S): --------------- 1. STATE ELECTION COMMISSION KERALA REPRESENTED BY ITS SECRETARY GENERAL POST OFFICE, THIRUVANANTHAPURAM 695 001 2. THE DISTRICT ELECTION OFFICER CIVIL STATION, KAKKANAD PO,KOCHI 682 030. 3. THE ELECTORAL REGISTRATION OFFICER ANGAMALY MUNICIPALITY,ANGAMALY PO,PIN 683 572. 4. THE SECRETARY/ SECRETARY IN CHARGE ANGAMALY MUNICIPALITY,ANGAMALY PO,PIN 683 572. 5. THE RETURNING OFFICER FOR ELECTION TO ANGAMALY MUNICIPALITY,ANGAMALY PO,PIN 683 572. 6. THE REGIONAL JOINT DIRECTOR URBAN AFFAIRS,CIVIL STATION,KAKKANAD,KOCHI 682 030 ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R-1 SRI.S.SAREEN, SC FOR ANGAMALY MUNICIPALITY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31276 of 2010 ----------------------------------------- Dated this the 12th day of October, 2010 JUDGMENT The petitioners are residents of ward No.14 of Angamaly Municipality. They have filed this writ petition aggrieved by the non inclusion of the names of eligible voters, namely petitioners 2 to 17 herein in the final electoral roll of ward No.14 and the deletion of the names of petitioners 18 to 32 and others, numbering 97 in all, from Ext.P1 final electoral roll. 2. Sri.Murali Purushothaman, learned standing counsel appearing for the State Election Commission, submitted that Ext.P1 final electoral roll was published at a point of time when Sri.V.K.Rajan was the Electoral Registration Officer of Angamaly Municipality, that he was placed under suspension on 30.9.2010 and thereafter Sri.K.O.Poulose, Superintendent of Angamaly Municipality, was given charge of Secretary of Angamaly Municipality and that with effect from 1.10.2010 the said officer is functioning as the Electoral Registration Officer of Angamaly Municipality. It is also stated that though petitioners 2 to 17 had W.P(C).No.31276 of 2010 -:2:- filed individual applications for inclusion of their names in the electoral roll and after enquiry their applications were allowed, due to an inadvertent oversight the names of petitioners 2 to 17 were omitted to be included in Ext.P1 final electoral roll by way of additions. As regards petitioners 18 to 32 and the names of others, numbering 97 in all, it is stated that their names were deleted without notice to them and behind their back. In other words, it is conceded that deletion of their names was done without following the prescribed procedure. 3. In the light of the admitted fact that petitioners 2 to 17 were found eligible to be included in the electoral roll, but due to an inadvertent omission their names were not included in the final electoral roll by way of additions, I am of the opinion that the said mistake should be corrected. Likewise in view of the admitted fact that names of eligible voters, numbering 97 in all, were deleted from Ext.P1 final electoral roll by Ext.P18, I am of the opinion that the names of the said 97 persons including petitioners 18 to 32 should be included in Ext.P1 final electoral roll. In the result I allow the writ petition and direct the Electoral Registration Officer, Angamaly Municipality to include the names of petitioners 2 to 17 and 18 to 32 and the remaining persons named in Ext.P18 in Ext.P1 final electoral roll relating to ward No.14 of W.P(C).No.31276 of 2010 -:3:- Angamaly Municipality. This shall be done forthwith and the petitioners shall be permitted to vote, if they report at the Polling Booth in time for voting. The State Election Commission shall issue necessary instructions to the Returning Officers concerned. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.31276 of 2010 ---------------------------- JUDGMENT 12th October, 2010