IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 38093 of 2008(I) -------------------------- PETITIONER: ------------- PAULIN THOMAS, KAVANADIYIL HOUSE, CHEMPERI P.O., KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE DISTRICT PROJECT OFFICER, KANNUR & THE DISTRICT RETURNING OFFICER FOR KUDUMBASREE C.D.S.ELECTION, COLLECTORATE, KANNUR. 4. THE RE-SURVEY SUPERINTENDENT, SREEKANDAPURAM AND RETURNING OFFICER FOR KUDUMBASREE AREA DEVELOPMENT SOCIETY, ERUVESSEY. 5. THE JUNIOR HEALTH INSPECTOR, P.H.C., ERUVESSY P.O., CHEMPERI, KANNUR DISTRICT. 6. THE HEALTH INSPECTOR, P.H.C.ERUVESSEY AND THE ASSISTANT RETURNING OFFICER, KUDUMBASREE, A.D.S.CHALIPARAMBA & POOPARAMBA. BY GOVERNMENT PLEADER, SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 38093 of 2008 -------------------------------------- Dated this the 20th day of January, 2009 JUDGMENT The petitioner challenges Clause 16.2 and 16.6 of Exhibit P1,guidelines of Kudumbashree for the C.D.S Selection, in as much as it provides open voting instead of secret ballot. Although the counsel made several contentions, during arguments, despite a specific query, I have not been shown any provisions of law against which the provisions are framed. It may be undesirable to have open ballot and it may be that secret ballot is a better system. But this court is not so substitute its opinion against the wisdom of the rule making authority . So long as the petitioner has not succeeded in showing these provisions to be illegal, for any reason this court will not be justified in interfering with clause 16.2 and 16.6 of Exhibit P1. Therefore, I am not in a position to entertain the challenge raised. The writ petition fails and it is dismissed. ANTONY DOMINIC, JUDGE scm